
Alito Says He Plans to Stay on the Supreme Court
The justice says he has decided to remain through the court’s current term, regardless of who controls the Senate after November’s election.
The short version
- Samuel Alito says he plans to serve through the Supreme Court’s present term, expected to conclude in late June or early July 1.
- He told Bloomberg that the choice was made months ago and that he would not leave during the short post-election period when the sitting Senate remains in place 1.
- Senate control matters because it can influence whether a president’s Supreme Court nominee is confirmed; CNBC says Democrats could block a Trump nominee if they hold the next Senate 1.
- The report does not say whether Alito will leave after the current term or when he might do so 1.
Is Samuel Alito retiring from the Supreme Court?
For now, Alito says he will remain on the Supreme Court through its current term, according to CNBC’s account of a Bloomberg interview. The term began Monday and is expected to finish in late June or early July 1.
Alito, who is 76, said his decision was made months earlier. CNBC also reports that he does not plan to leave during the short interval after the November election when the current Senate is still serving, even if the election changes which party will control the next Senate 1.
Why does the Senate election matter to his decision?
The president nominates people to the Supreme Court, and the Senate takes part in the confirmation process. CNBC reports that Democrats could block a nominee from President Donald Trump if they hold the Senate majority in the next Congress 1.
That makes the timing of any vacancy politically important. But the report does not say Alito made his decision because of the election; it says he had settled on staying months ago 1. A change in Senate control could matter for a future nomination, but the election result is not known yet.
What does Alito’s statement mean for the court now?
The immediate news is limited: Alito says he plans to keep serving during the current term. The court has nine seats, and CNBC describes Alito as one of its six conservative justices 1.
His statement is not a commitment to serve beyond this term. The report addresses his plans for the current term and the post-election interval, but does not establish what he will choose afterward 1.
Who is Samuel Alito?
Alito joined the Supreme Court after being nominated in 2005 by President George W. Bush, according to CNBC 1. The report describes him as one of six conservative justices on the nine-member court 1.
It also says that three other conservative justices—Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—were nominated by Trump 1. These facts help explain why speculation about a vacancy draws attention: a new justice could change the court’s membership. They do not tell readers how the court will rule in any particular case.
What is still unknown about a possible retirement?
The supplied report does not say whether Alito will retire after the current term, or provide a date for any departure. It notes that he had considered retirement, but the available account does not give further details about that consideration 1.
The November Senate election’s outcome is also unknown as of October 6, 2026. The election is scheduled for November 3, with 35 Senate seats on the ballot 5. What any change in control would mean for a future nomination would depend on the result and events that follow.
What we don't know yet
- Whether Alito will retire after the current term.
- When he might leave the court, if he decides to do so.
- Which party will control the Senate after the November 2026 election.
- How the Senate would handle any future Supreme Court nominee.
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Questions people ask
Will Samuel Alito retire before the 2026 midterm election?
The report says Alito intends to stay through the Supreme Court’s current term. It also says he does not plan to leave during the brief period after the election when the existing Senate is still serving 1.
How long does Alito say he will stay on the Supreme Court?
He says he plans to remain through the current term. CNBC reports that the term began Monday and is expected to end in late June or early July 1.
Could Democrats block a Trump Supreme Court nominee?
CNBC reports that Democrats could block a Trump nominee if they control the Senate in the next Congress. The election result and any future nomination are not yet known 1.
When did Samuel Alito join the Supreme Court?
Alito was nominated to the court in 2005 by President George W. Bush, according to CNBC 1.
Has Alito said when he will leave the Supreme Court?
The supplied report gives no departure date beyond his stated plan to serve through the current term. It does not say whether he will retire afterward 1.
Sources
- Alito plans to stay on Supreme Court, even if Democrats regain Senate: Report — CNBC, 2026-10-06
- 2026 United States elections — Wikipedia
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