More Supreme Court watchers buzzed Friday that a conservative Supreme Court justice may have telegraphed his plans to step down.
Justice Samuel Alito may be quietly plotting his retirement before the 2026 midterms, legal experts Dahlia Lithwick and Mark Joseph Stern wrote Friday for Slate. They joined another prominent legal expert in pointing to clues piling up.
Notably, Alito’s memoir, “So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country,” drops Oct. 6 — the day after the new Supreme Court term begins.
“Of course, justices do publish books on the bench. But there are some indications that this particular release will be a farewell postscript for Alito’s service,” Stern opined.
That’s suspicious timing, since justices typically publish books in September when they can actually promote them.
“The new term is gearing up, but the justices are not stuck in Washington. They are still free to fly around the country, plugging their latest release. I think it’s pretty unlikely that Alito would drop his memoir on a date when he specifically cannot do that,” said Stern.
Meanwhile, conservative media have showered the justice with “valedictory” praise celebrating his 20 years on the bench, complete with what looks like a coordinated legacy-building campaign, he added.
Alito recently gave a rare interview to Politico — the outlet that leaked his Dobbs draft — where he seemed to view his abortion decision as the crowning achievement of his tenure while grumbling about the coarse state of American politics.
“He also hinted that he was not really enjoying the job or the coarse civic culture of our current moment,” said Stern.
There’s also Mollie Hemingway’s forthcoming hagiography, “Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution,” suggesting the justice may have cooperated with the MAGA “pseudo-journalist,” he wrote.
Alito likely wants Trump to replace him now, while Republicans control the Senate, ensuring a younger, equally conservative successor who’ll protect his jurisprudential legacy for decades. Unlike Ruth Bader Ginsburg, who stayed too long, Alito appears determined to exit on his own terms before Democrats potentially retake power, Stern said.
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