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Justice Alito says he will not retire before the Supreme Court term ends

Justice Samuel Alito told people close to him he will stay through the current Supreme Court term ending in mid-2027 despite the Democratic Senate win.

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Justice Samuel Alito in a black robe and red tie in his official Supreme Court portrait

Justice Samuel Alito has told friends he will stay on the bench through the end of the court's current term. The 76-year-old justice repeated that pledge after Democrats won control of the Senate in Tuesday's midterms.

The term wraps up in the summer of 2027. Alito had already said in early October that he meant to remain for this full term. Friends say the midterm result did not change that plan.

Republicans will hold the Senate only until January. Once Democrats take the gavel confirming a conservative replacement would become far harder for the rest of the presidential term.

Why the timing matters

Speculation about a quick retirement surged after the midterm wave. Analysts said a lame-duck confirmation window was the last clear path for a new conservative justice before the chamber flips.

Alito closed that door. He has been one of the court's most consistent conservatives and often joins the majority in high-profile cases on abortion guns and regulation.

Thomas and the court

Justice Clarence Thomas is also not expected to leave because of the election according to people familiar with both justices. The 6-3 conservative majority would stay intact for now if both men remain.

Incoming Democratic senators have already vowed to block right-wing high-court picks. Alito's decision means those fights may wait until a later vacancy rather than a rushed lame-duck nomination.

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