A quiet storm is brewing in Washington as new speculation emerges over whether Supreme Court Justices Clarence Thomas or Samuel Alito might retire during President Donald Trump’s second term.
Conservative Icons Nearing 80
Justice Thomas, 76, and Justice Alito, 75, have both served the Court for decades. While neither has formally announced retirement, legal experts are beginning to raise questions about whether they may step down to ensure their constitutional conservative legacy is preserved.
Legal scholar Adam Feldman recently told Newsweek that retirement is “unlikely but possible.” However, timing is everything. “Justice Thomas will be 80 near the end of Trump’s second term,” Feldman explained. “If there’s any doubt that the next president won’t be a Republican, it could motivate an early exit.”
Trump’s Historic Impact on the Supreme Court
President Trump has already appointed three Supreme Court justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—reshaping the ideological makeup of the Court. A fourth or fifth appointment would cement Trump’s legal vision for decades to come.
However, not all Trump appointees have ruled as expected. Justice Barrett, for instance, has broken ranks on key rulings. This has led many conservatives to call for stronger, proven constitutionalists on the bench.
Court Retirement Patterns Reveal the Stakes
Retirements often happen when a like-minded president holds office. Justice Ruth Bader Ginsburg refused to step down under Obama—and her seat flipped conservative after she passed during Trump’s term. That seat is now held by Justice Barrett, shifting the Court rightward.
Feldman warns conservatives not to repeat the same mistake. “Waiting too long can backfire. If Thomas or Alito step down while Trump is in office, the balance of the Court stays intact.”
Six Judges Trump Could Nominate
If a seat opens, insiders believe President Trump would consider one of these six federal judges:
- Judge James C. Ho
- Judge Andrew S. Oldham
- Judge Aileen M. Cannon
- Judge Patrick J. Bumatay
- Judge Neomi J. Rao
- Judge Amul R. Thapar
Of these, Judge Ho is considered the frontrunner to replace Justice Thomas. Ho once clerked for Thomas and has a strong record of defending the Constitution and limited government.
Judge Oldham, appointed by Trump to the U.S. Circuit Court, is seen as the top pick if Justice Alito retires.
What About Judge Cannon?
Judge Aileen Cannon has earned praise from conservatives for standing firm in high-profile cases—including blocking access to classified documents related to Trump and presiding over the attempted assassination case from 2024.
Cannon’s opinions often include powerful language about “tyranny,” “freedom,” and “elites”—terms that resonate deeply with the America First movement. Still, analysts say Trump may elevate her to a higher court before considering her for the Supreme Court.
Trump Wants Stronger Justices
Reports suggest Trump is disappointed with Justice Barrett, and wants future picks to have stronger, more consistent conservative track records.
“Judge Ho is the closest match to the Thomas-Alito mold,” Feldman wrote on his Legalytics Substack. “He’s a proven originalist and a fierce defender of constitutional freedoms.”
A Legacy in the Making
Whether or not Justices Thomas or Alito retire, one thing is clear: If given the chance, President Trump’s next Supreme Court pick could solidify a conservative majority for a generation. The next few years may determine the future of the Court—and the nation itself.