Politics news and discussion on TalkFuse.
Don’t Expect a Lame-Duck Supreme Court Vacancy (But There Are Other Nominations to Consider)
Justice Samuel Alito reportedly plans to remain on the Supreme Court through its current term, despite speculation that he might retire before Republicans lose control of the Senate in January. The report suggests President Donald Trump may have missed the chance to appoint another justice while Republicans hold the chamber, limiting his opportunity to shape the court further.
Alito, 76, had said in a September interview that he intended to stay through the term, which runs until June, whatever the election outcome; people close to him say his position is unchanged. The article says there is no comparable report about Justice Clarence Thomas, but argues he is unlikely to retire, noting his stated ambition to serve at least 43 years. It points to pending nominations to the Fifth, Eighth and Tenth Circuit Courts of Appeals as other judicial appointments senators could consider during the lame-duck session.
In short
- Alito reportedly plans to stay on the Supreme Court through June.
- Republicans may lose their chance to confirm another justice.
- Several appeals court nominees remain pending.
Explained simply
The US Supreme Court is the country’s highest court, and its justices can serve for life. A vacancy lets a president nominate a replacement, but the Senate must approve that choice; control of the Senate can therefore affect how quickly a president can fill a seat.
Samuel Alito and Clarence Thomas are two of the court’s nine justices. The president has also nominated people to other federal appeals courts, which hear cases before they may reach the Supreme Court, so Senate consideration of those nominees is another part of the judicial appointments process.