Supreme Court Justice Samuel Alito said he "thought about" retiring at the end of the court's last term but decided to remain on the bench because he believed he could still make a valuable contribution. In an interview with CBS News scheduled to air on Monday, October 5, 2026, Alito noted that retirement is a decision he will continue to revisit annually. At 76 years old, Alito is the second-oldest member of the court, following 78-year-old Justice Clarence Thomas.
The justice’s comments followed speculation regarding his potential departure. Alito addressed a question about "intense pressure" from Republicans who sought to ensure his successor could be confirmed while the GOP holds the majority in the Senate. He stated that while he reflected on the choice, he ultimately decided to stay because he felt he could continue the work that originally led him to become a judge and a justice.
During the interview, chief legal correspondent Jan Crawford asked Alito if he risked undoing his judicial work by not retiring sooner, referencing the late Justice Ruth Bader Ginsburg. Alito responded that it is "too hard to predict" what a person’s situation or the political landscape will look like in one or two years. He also addressed the court's 2022 decision to overturn Roe v. Wade, stating it required "courage" to proceed after a draft of the opinion was leaked.
If Alito stays through the next year, the outcome of the 2026 midterm elections could determine which party controls the Senate confirmation process for any future nominee. The scale of this impact is underscored by the 76-year-old justice's confirmation that he will re-evaluate his status every term. The full interview, which coincides with the release of his upcoming book on judicial philosophy titled "So Ordered," is set to broadcast on October 5, 2026.