Alito, Thomas Retirement Talk Grows After Democratic Wins
Democrats won the Senate in Tuesday's midterms, raising questions about the court's two oldest conservative justices. Some conservatives want Alito or Thomas to retire so Republicans can confirm a successor before January.
54 or more Senate seats will be held by Democrats in January.
76-year-old Alito says he intends to stay through the current term.
78-year-old Thomas has given no public sign he plans to retire.
2017 rule change removed the filibuster for Supreme Court nominees.
Why it matters: Senate control decides whether Trump can fill any Supreme Court vacancy. Republicans used a majority in 2016 to block Barack Obama's nominee, Merrick Garland.
Ed Whelan says Republicans may not regain the Senate until 2033.
Daniel Urman says an open seat could leave the court split 4-4.
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Political Bias
Coverage by lean% of 12 sources
12 sources · 13 articles · 42% Right coverage
Where they split: The dispute is whether a lame-duck retirement is workable and legitimate: Senate Majority Leader John Thune says it can be done, while legal scholars including Michael Dorf and Steve Vladeck call it a nakedly political move.
Center coverage, 4 sources: The center sees retirement as unlikely given the tight timeline, Alito's stated plans, and the political cost.
