A legal expert sounded the alarm about recent rumors of a possible retirement from the Supreme Court during a podcast interview on Sunday.
Rumors have been swirling that Justice Samuel Alito, one of the court’s most conservative members, may retire before the midterms, giving Republicans an opportunity to replace him while the party still controls the Senate. Marc Elias, founder of the Elias Law Group and the voting rights website Democracy Docket, said in a new episode of “Democracy Watch” with progressive YouTuber Brian Tyler Cohen that rumors of Justice Samuel Alito’s retirement pose a pressing issue for Democrats during the 2026 midterm elections.
“This is a big deal,” Elias said. “What it means is that Republicans will not be able to fill this seat while they have power.”
Alito’s retirement became a topic of conversation after NPR published, and then retracted, a story claiming the justice was considering retiring. The outlet explained that its reporter misheard a comment while leaving the Supreme Court one day.
On Friday, Alito publicly batted down the rumors, the Wall Street Journal reported.
“Obviously I’m here for another term,” Alito told the outlet.
Elias described the whole NPR issue as “weird.”
Even so, it revealed an important issue that Democrats may have to contend with following the midterms.
The Senate doesn’t officially change hands until January 3 when new senators are sworn in, Elias noted. Republicans could take advantage of that “lame duck” period to force through a new appointment if a Supreme Court Justice like Alito were to retire, he warned.
“I don’t think that’s going to happen … but never say never to anything,” Elias said.
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