Justice Alito, 76, Weighed Retiring Before Midterms but Is Staying on the Supreme Court

Supreme Court Justice Samuel Alito, 76, said he thought about retiring after the court's last term but chose to stay, CNBC reported on Sunday, October 4. Control of the Senate is uncertain heading into November's midterm election.

A Democratic majority would effectively hold veto power over any nominee from President Donald Trump.

Alito Says He Still Has More to Contribute

The Hill reported on Friday, October 2, that Alito was asked in a television interview whether he considered retiring under intense pressure from Republicans. He said a justice his age has to think about it every term.

He decided against it because he believed he could still make a valuable contribution, the reason he became a judge and justice in the first place.

Alito said he cannot predict what his situation will be a year or two from now. He told a separate Sunday interviewer that he makes no calculation about retiring. He called it foolhardy to plan on serving a set number of additional years.

Why the Senate Matters to the Speculation

Alito is the second-oldest justice. Speculation had grown that he would step down while Republicans hold both the Senate and the White House, which would make a quick confirmation of a Republican-backed successor likely, CNBC reported.

Justice Clarence Thomas, 78, the oldest justice and also a member of the conservative bloc, has been on retirement watch as well.

Alito said he was bemused by the talk and did not enjoy seeing vultures circling, adding that the speculation was to be expected, according to Politico. He laughed as he said it.

Comments on Pressure and Public Trust

In the Sunday interview, Alito said there has been a concerted effort to intimidate the court and its justices into deciding cases differently. He said he is concerned about the court's future.

He also said the court has not always done the right thing but has on the whole protected the constitutional structure and Americans' rights.

Democratic and progressive leaders have called for overhauling the court. They argue its 6-3 majority of Republican-appointed justices has let the Trump administration sidestep Congress, and they accuse some justices of ethical violations.

Critics have also said the court overuses its emergency docket, sometimes called the shadow docket, to let administration policies proceed, at least temporarily.

Alito said the court discloses everything about its emergency rulings except communications among the justices. He called the issue bipartisan.

Presidents of both parties, he said, have grown frustrated that Congress will not pass their agendas and have turned to executive orders, new rules and fresh readings of old statutes.

As the new term begins, 34% of Americans approve of the court and 46% trust it, according to a Gallup poll cited by Politico. Alito said he is concerned about the long-term effect of public rhetoric on the court's standing.

President George W. Bush appointed Alito in 2006 to succeed Justice Sandra Day O'Connor. He has served more than 20 years.