reason.com/volokh/2026/11/02/will-alito-or-thomas-retire-if-democrats-win-the-senate

Will Alito or Thomas Retire if Democrats Win the Senate?

Speculation among judicial conservatives suggests Justices Thomas and Alito could retire if Democrats take the Senate, letting a Republican lame-duck majority confirm successors before January 3, 2027. The analysis weighs that strategic timing against the justices’ likely concerns about tenure, legacy and the Court’s reputation.


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