President Trump stated in an interview with Fox Business earlier this week that he has a shortlist prepared and is “ready” to nominate a new Supreme Court justice if one of the court’s senior conservative members retires. This statement coincided with Senate Majority Leader John Thune’s assurance that Republicans could confirm a nominee before the 2026 midterm elections.
Currently, there are no vacancies on the Supreme Court. Neither Justice Samuel Alito, who is 76, nor Justice Clarence Thomas, who is 77, has publicly indicated any plans to retire. However, Trump’s comments, aired Wednesday during an interview with Maria Bartiromo, made it clear that the White House is proactively laying the groundwork, even before a formal announcement is made.
The comments underscore the importance of any potential vacancy, as Trump indicated he is prepared to take advantage of the chance to strengthen the court’s conservative majority. With increasing speculation about Alito’s retirement and Republicans looking ahead to the 2026 midterms, the possibility of an opening is bringing renewed attention to succession politics.
The Hill noted separately that Trump framed the choices in straightforward terms: “It could be two, could be three, could be one. I don’t know, I’m prepared to do it.” Trump also praised Alito, calling him “one of the great justices of all time.”
“Justice Alito is an unbelievable justice, and a brilliant justice, and he gets the country,” Trump told Fox Business host Maria Bartiromo. “He does what’s right for the country. It’s the law, and he goes by it as much as anybody, but he gets to the point. That’s good for our country. So … one way you should be, ‘Oh, I’m thrilled,’ but he’s so good.”
Rumors about Alito, 76, potentially retiring have been circulating due to his age, his two-decade tenure on the bench, and speculation that he may wish to ensure a conservative successor is confirmed by the current Republican-led Senate.
The rumors intensified when it was disclosed that Alito had been treated for dehydration after falling ill at a Federalist Society dinner last month. A Supreme Court spokesperson clarified at that time that the justice was “thoroughly checked” and returned to the bench the following Monday.
Alitoreported feeling lightheaded, prompting his security detail to recommend a hospital visit. Two sources who were present said there was no emergency and that Alito did not faint, Fox News reported.
Several conservative jurists, including appellate Judge James Ho and Florida-based federal Judge Aileen Cannon, have been mentioned in legal circles as potential candidates for a future Supreme Court vacancy, though President Donald Trump has not publicly indicated any preferences.
Senate Judiciary Chairman Chuck Grassley said this week he would recommend Sens. Ted Cruz or Mike Lee as potential nominees if Justice Samuel Alito were to retire. Grassley added that while he hopes Alito remains on the Court, the committee is prepared to move forward with a nomination process ahead of the midterm elections if necessary.
Cruz said in a statement that he considers it a “high honor” to be mentioned but added he’s not interested in taking the job.
“The reason I’ve said no is that a principled federal judge stays out of policy fights and stays out of political fights. … But I don’t want to stay out of policy fights. I don’t want to stay out of political fights,” Cruz said. “I want to be right in the middle of them.”
Fox News added, “No president since Ronald Reagan has influenced the Supreme Court more than Trump, who secured three appointments during his first term, underscoring how Trump has shaped the 6-3 ideological divide on the court in favor of conservatives. George H.W. Bush appointed two, as did George W. Bush and former presidents Barack Obama and Bill Clinton. Former President Joe Biden appointed one, Justice Ketanji Brown Jackson.”