Supreme Court Justice Samuel Alito, 76, will not retire in 2026 and plans to serve into at least 2027, according to sources close to the justice who spoke to multiple news outlets in April. Alito, who authored the landmark 2022 opinion overturning Roe v. Wade, has been actively hiring clerks for the 2026-2027 term, a signal that he intends to remain on the bench and continue his work on the nation’s highest court.
The decision to stay puts to rest months of speculation about whether Alito might step down during the current Republican administration. Earlier in 2026, there had been widespread talk that Alito could retire, giving President Trump the opportunity to nominate a replacement with similar judicial views while Republicans controlled the Senate.
Alito remains an engaged participant in the court’s work, according to the sources. Earlier in 2026, he was briefly hospitalized for a health issue of undisclosed origin but has continued his judicial duties without interruption. His decision to hire clerks for future terms is a standard practice that signals a justice’s intention to remain active on the bench.
Justice Clarence Thomas, the court’s most senior member at 77, is also expected to remain on the bench for the foreseeable future, sources have indicated. Thomas has expressed his love for the work and is on track to become the longest-serving justice in American history in the coming years.
Sources
- ABC News — Reported April 17, 2026, that Alito intends to continue serving into at least 2027 and has been hiring clerks for the next term.
- CBS News — Confirmed April 17, 2026, that sources close to Alito confirm he is not planning to retire this year.
- Fox News — Reported April 17, 2026, that Alito is not stepping down this term and is in the process of hiring clerks for the next term.
