# Don’t Expect a Lame-Duck Supreme Court Vacancy (But There Are Other Nominations to Consider)

- URL: https://talkfuse.com/story/dont-expect-a-lame-duck-supreme-court-vacancy-but-there-are-other-nominations-to-consider/
- Published: 2026-11-05T02:32:09+00:00
- Updated: 2026-11-05T03:26:18+00:00
- Original publisher: Reason (publisher lean: Right)
- Original article: https://reason.com/volokh/2026/11/04/dont-expect-a-lame-duck-supreme-court-vacancy-but-there-are-other-nominations-to-consider/
- Topics: Politics

## Key points

- 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.

## Summary

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.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.