U.S. Supreme Court watchers are wondering who may retire as President-elect Donald Trump prepares for his second term. Trump’s election and the GOP’s takeover of the Senate means Republicans would be able to replace any court justice if they retire.
The court’s oldest member is 76-year-old Clarence Thomas, who was nominated by President George H.W. Bush in 1991. Justice Samuel Alito, who was nominated by President George W. Bush in 2005, is the second oldest at 74.
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Thomas and Alito make up a third of the conservative majority on the court.
In his first term, Trump was able to nominate and get senate approval for three conservative U.S. Supreme Court appointees, Justices Neil Gorsuch, Brett Cavanaugh and Amy Coney Barrett.
They were instrumental in voting to overturn Roe v. Wade in 2022. The court also ruled on the expansion of presidential powers earlier this year.
That ruling found that a former president is entitled to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority, but not for unofficial acts.
However, there is no indication that Thomas and Alito are considering retirement. However, the option is more realistic under a Trump presidency as opposed to allowing a future Democratic president to pick their successors.
