Alito thought about retiring last term, then chose to stay and keep working

By Marissa George, 
updated on October 3, 2026

Justice Samuel Alito says he considered stepping down at the end of last term amid succession pressure, then stayed because he still believes he can contribute on the Court.

Justice Samuel Alito told CBS News he “thought about” retiring from the Supreme Court when his last term ended. He did not leave.

The 76-year-old justice, the Court’s second-oldest member behind Clarence Thomas, said a person his age has to weigh that choice every term. He concluded he could still do the job he took more than two decades ago after President George W. Bush nominated him.

Politico reported Alito’s remarks from the interview with CBS News chief legal correspondent Jan Crawford, which revived the familiar Washington cycle of retirement speculation around the conservative bloc.

Alito weighed the exit, then explained why he stayed

Crawford put the political question to him directly. She asked whether he had considered retiring under “some pretty intense pressure from Republicans” who wanted a successor confirmed while the GOP held the Senate.

Alito did not dodge it.

“I thought about it,” he said.

"Well, it’s something I think that somebody at my age has to think about every term."

Then came the reason he gave for remaining:

"But I thought that I could still make a valuable contribution, which is why I became a justice and a judge in the first place. So that is basically it,"

He added that he would “have to” keep thinking about retirement every year. That is not a farewell tour. It is a justice describing the annual reality of age and service without turning it into a campaign event.

August already brought a clear signal

This was not Alito’s first recent word on the subject. In August he shut down the same notion in comments to the Wall Street Journal.

“Obviously I’m here for another term,” he said then.

The CBS exchange tracks that earlier line. He thought about leaving at the end of the prior term. He decided the work still justified staying. He is not pretending the question disappears.

An NPR false alarm forced a retraction

Retirement talk around Alito has already produced a media face-plant. On the final opinion day of the Court’s term, NPR erroneously reported that he had announced his retirement.

The network retracted the report. NPR journalist Nina Totenberg later apologized to Alito in a letter.

Wrong retirement scoops are not harmless color. They feed pressure campaigns, rattle markets for successors, and treat a lifetime seat like a mid-season roster move. Alito was still on the bench. The correction had to catch up to the error.

Crawford raised the Ginsburg comparison

Crawford also asked whether a future retirement might “risk undoing all the work that you have done here at the court,” drawing a comparison to the late Justice Ruth Bader Ginsburg.

Alito did not take the bait as a political dare. He answered as a judge who refuses to pretend he can script the next few years.

"I think it’s too hard to predict. It’s too hard to predict, for anybody, particularly when you reach a certain age, what your situation will be a year from now, two years from now, and so forth,"

He went further on the replacement politics others want to lock in now:

"And it’s too hard to predict what the political situation will be, and what any president might do with respect to a replacement."

That is the opposite of treating the Court as a spoils board. He declined to time his service to someone else’s confirmation calendar.

Age, tenure, and the conservative majority

Alito is 76 and has served a little over two decades. Thomas, at 78, is the Court’s oldest justice. Alito sits in the conservative bloc alongside Chief Justice John Roberts and Justices Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch.

Those facts explain the intensity Crawford described. A single seat can shift doctrine for a generation. Republicans who want a confirmation while they hold the Senate are playing the same succession math both parties play when the numbers favor them.

Alito’s answer did not deny that math. He refused to let it draft him. He said the original reason he became a judge still holds: he can still make a valuable contribution.

What he would not promise

He would not forecast his health a year out. He would not forecast the political map. He would not forecast what any president might do with a vacancy.

He would not turn a lifetime commission into a timed handoff for activists. He said someone his age has to think about retirement every term, and that he thought about it at the end of the last one. He stayed.

The public record from the interview is therefore narrow and plain. No resignation. No date. No deal. A justice who considered the exit, measured his remaining capacity, and returned to the work.

In a capital that treats justices like chess pieces, Alito answered like a judge: the seat is still a job to do, not a vacancy to schedule.

About Marissa George

Marissa is a staff writer for Real Talk Digest. She is en expert in breaking down the political boondoggle into the real facts for real people.

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