U.S. Supreme Court

Rumors and speculation swirl around whether Justice Alito is planning to retire from SCOTUS

AP Samuel Alito October 2022_800px

There’s no actual reporting that U.S. Supreme Court Justice Samuel Alito is intending to retire, but that hasn’t stopped the rumors and speculation over him. (Photo by J. Scott Applewhite/The Associated Press)

There's no actual reporting that U.S. Supreme Court Justice Samuel Alito is intending to retire, but that hasn't stopped the rumors and speculation over him.

Alito is the second-oldest justice on the Supreme Court and one of the most conservative. He joined the high court 20 years ago, the 2026 midterm elections are coming up, and Alito has a book that’s set to publish in October. These factors are leading some court watchers to speculate that a retirement announcement is forthcoming, perhaps even imminent, according to a story by USA Today.

The 20-year mark is “usually a very good milestone on which to retire,” said Melissa Murray, a professor at the New York University School of Law, according to USA Today.

Steve Vladeck, a professor at the Georgetown University Law Center, called the book publication date “a pretty big tell since one can’t exactly go on a book tour during the first argument session of the term,” according to USA Today.

But Above the Law founder and court watcher David Lat, who writes about the law, wondered recently whether an October publication date is actually a sign that Alito is staying put, accordin to USA Today.

“Book buyers are much more interested in what a current justice has to say, as opposed to a retired one,” Lat wrote on Substack. “I could see Justice Alito not wanting to step down until well after publication.”