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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.
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The Daily Beast broke the news in New York, United States on Wednesday, November 4, 2026.
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