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Conservative US Supreme Court justices Thomas and Alito in spotlight after Democratic landslide
On Tuesday, midterm elections handed Democrats control of the Senate starting January 3, complicating retirement prospects for 76-year-old Justice Samuel Alito and conservative succession plans.
Republicans had braced for losing Senate control and aimed to approve Trump's remaining nominees during the lame-duck session before Democrats take power in January.
Alito said last month he would remain for the duration of the current nine-month term, which began in October, even if Democrats were to retake the Senate.
With Democrats now set to hold at least a 54-seat majority starting January 3, the White House is poised to lose its path to easy confirmation of judges aligned with conservative values.
If a Republican is elected president in 2028, that president will not be able to appoint any justices until Republicans regain the Senate; Alito would be 82 in 2033, exceeding the average retirement age of around 80.