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Conservative US Supreme Court justices Thomas and Alito in spotlight after Democratic landslide

Democrats’ Senate gains could block a Trump replacement for the court’s oldest conservatives, while Alito and Thomas say they plan to stay on the bench.

  • The midterm election landslide giving Democrats control of the Senate starting in January has fueled questions about the longevity of Supreme Court justices Clarence Thomas and Samuel Alito.
  • Conservative commentators are speculating whether Thomas, 78, or Alito, 76, might retire immediately, allowing President Donald Trump to nominate a younger conservative before Democrats assume control of the Senate.
  • Alito told Bloomberg last month, "I intend to stick around through this term," though legal analyst Edward Whelan warned confirming a successor during the lame-duck session faces "very high risk."
  • Incoming Senate Judiciary Committee leader Sheldon Whitehouse signaled opposition to confirming nominees, vowing to "fix what's badly broken" while warning against a court captured by the "billionaire class."
  • With a Senate majority, Democrats can block any Trump judicial nominations, leveraging memories of the 2016 Republican blockade of President Barack Obama's nominee Merrick Garland to stall court shifts.
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The Daily Beast broke the news in New York, United States on Wednesday, November 4, 2026.
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