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President Donald Trump said he is “prepared” to appoint up to three Supreme Court justices if vacancies arise, signaling he is ready to further reshape the high court as speculation swirls around a potential retirement from Justice Samuel Alito.
Trump told Fox Business’ Maria Bartiromo when asked about rumors that Alito, an appointee of former President George W. Bush, could retire that he has a shortlist of nominees in mind, though he did not mention any names.
The remarks sharpen the stakes around any potential vacancy, as Trump signaled he is ready to seize the opportunity to deepen the court’s conservative majority. With retirement speculation around Alito intensifying and Republicans eyeing the window before the 2026 midterms, the prospect of an opening is already putting fresh focus on succession politics.
“In theory, it’s two — you just read the statistics — it could be two, could be three, could be one,” Trump said. “I don’t know. I’m prepared to do it. But when you mention Alito, he is a great.”
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WASHINGTON, DC – MARCH 07: U.S. Supreme Court Associate Justice Samuel Alito testifies about the court’s budget during a hearing of the House Appropriations Committee’s Financial Services and General Government Subcommittee March 07, 2019 in Washington, DC. Members of the subcommittee asked the justices about court security, televising oral arguments and codes of ethics for the court. (Photo by Chip Somodevilla/Getty Images) (Chip Somodevilla/Getty Images)
Rumors about Alito, 76, potentially retiring have grown because of his age, his two-decade tenure on the bench and speculation that he may want to make sure a conservative successor is confirmed by the current Republican-led Senate, especially before the upcoming midterm elections where Republicans are at risk of losing or seeing a diminished majority.
The rumors were further fueled when it was revealed that Alito was treated last month for dehydration after becoming ill at a Federalist Society dinner. A Supreme Court spokesperson clarified at the time that the justice was “thoroughly checked” and returned to the bench the following Monday.
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Justice Clarence Thomas, an appointee of President George H.W. Bush, has drawn less retirement speculation despite being one year older than Alito at 77 and his own lengthy tenure. Thomas has been a conservative fixture on the court for more than three decades and holds a record as the second-longest serving justice in history.
President Donald Trump and Supreme Court Justices Clarence Thomas, center, and Samuel Alito, right. (Chip Somodevilla/AFP/Getty Images)
Trump noted what he viewed as an upside to replacing Alito, who sides with him on nearly every high-profile court case, but said it would come at a cost.
“Justice Alito is an unbelievable justice, and a brilliant justice, and he gets the country,” Trump said. “He does what’s right for the country. It’s the law, and he goes by it as much as anybody, but he gets to the point. That’s good for our country. So … one way you should be, ‘Oh, I’m thrilled,’ but he’s so good.”
While many prominent conservative judges, from appellate court Judge James Ho to Florida-based federal Judge Aileen Cannon, have been floated as options in legal circles, Trump has not publicly revealed any of his preferences at this stage.
Senate Chairman Chuck Grassley, R-Iowa, told reporters this week he would recommend Sens. Ted Cruz, R-Texas, or Mike Lee, R-Utah, as top candidates if Alito were to retire. Grassley emphasized that he hoped Alito would not step down but said his committee is “fully prepared” to process a nominee before the upcoming midterm elections if needed.
Cruz said in a statement provided to Fox News Digital that having his name in the mix was a “high honor” but that he did not want the job.
“The reason I’ve said no is that a principled federal judge stays out of policy fights and stays out of political fights. … But I don’t want to stay out of policy fights. I don’t want to stay out of political fights,” Cruz said. “I want to be right in the middle of them.”
Lee’s office did not respond to request for comment.
Supreme Court Justice Ketanji Brown Jackson speaks to the 2025 Supreme Court Fellows Program, on February 13, 2025, at the Library of Congress in Washington, DC. (Photo by Jacquelyn Martin / POOL / AFP) (Photo by JACQUELYN MARTIN/POOL/AFP via Getty Images) (Jacquelyn Martin/POOL/AFP)
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No president since Ronald Reagan has influenced the Supreme Court more than Trump, who secured three appointments during his first term, underscoring how Trump has shaped the 6-3 ideological divide on the court in favor of conservatives. George H.W. Bush appointed two, as did George W. Bush and former Presidents Barack Obama and Bill Clinton. Former President Joe Biden appointed one, Justice Ketanji Brown Jackson.
