Supreme Court Justices Alito and Thomas not planning to retire this year, sources say

Sources close to Supreme Court Justice Samuel Alito confirm that he is not planning to retire this year. Sources close to Justice Clarence Thomas also tell CBS News that he does not plan to step down. 

That indicates that this year, with the midterm elections on the horizon, President Trump will not be able to plan on an opportunity to make his fourth nomination to the Supreme Court. 

Alito’s plans were first reported by Fox News. Alito, who is 76, and Thomas, 77, are two of the core members of the court’s conservative majority.

Speculation about possible retirements tends to arise as the court approaches the end of its term. Mr. Trump told Fox Business’ Maria Bartiromo earlier this week that he’s “prepared” to name two or three new justices if vacancies open up.

“In theory, it’s two — you just read the statistics — it could be two, could be three, could be one,” Mr. Trump said. “I don’t know. I’m prepared to do it.”

He added, “when you mention Alito, he is a great justice.”

Alito has served on the high court since 2006 and Thomas since 1991.

Mr. Trump was able to fill three seats on the court during his first term, nominating Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

The court has a number of major decisions ahead of it this spring, with rulings expected on Mr. Trump’s effort to end birthright citizenship; revoke deportation protections for Haitians and Syrians; and invalidate late-arriving mail-in ballots. Decisions on those and other contentious cases are expected by late June or early July.