Who Could Replace Justice Alito?

Speculation is growing in legal and political circles about whether or not Supreme Court Justice Samuel Alito might retire before the midterm elections, sparking questions about who could replace one of the court’s most influential conservative jurists. 

Alito, 76, has given no formal indication that he plans to step down, but a recent hospitalization and the growing possibility that Republicans could lose control of the Senate have heightened the stakes surrounding any potential vacancy.

GOP Senate leaders appear ready to fill a vacancy before the midterm elections. 

“That’s a contingency, I think, around here you always have to be prepared for,” Senate Majority Leader John Thune (R-SD) told reporters on Tuesday. “And if that were to happen, yes, we would be prepared to confirm.”

An Alito retirement would give President Donald Trump the chance to nominate a fourth Supreme Court Justice, cementing the court’s conservative majority for several years to come. 

President Trump on Wednesday responded to speculation of a possible vacancy. 

“It could be two, could be three, could be one. I don’t know, I’m prepared to do it,” Trump said in an interview with Fox News host Maria Bartiromo. “When you mention Alito, he’s a great justice.” 

JUST IN: President Trump responds to speculation that he could be nominating another Supreme Court justice if Justice Alito or Justice Thomas decides to retire.

“It could be two, could be three, could be one. I don’t know, I’m prepared to do it.” pic.twitter.com/XG66jw5ReR

— Fox News (@FoxNews) April 15, 2026

“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.” 

Charles Stimson, the acting director of the Institute for Constitutional Government at the Heritage Foundation, said an Alito retirement would shake up the high court. 

“Justice Alito has penned significant decisions and has been the heir apparent to his dear friend Justice Scalia, and has really been a lion in the movement to preserve originalism,” Stimson said in an interview with The Daily Wire. “It would be a thunderbolt if he did.”

President George W. Bush appointed Alito to the Supreme Court in 2005 to replace moderate Sandra Day O’Connor. Alito, in many cases, has led the conservative majority and shifted the court rightward, helping shape rulings that nationalized gun rights, expanded religious liberty protections, and overturned the case that labeled abortion as a constitutional right.

Any replacement, Stimson said, would likely fall into the originalist judicial mold of Justices Alito or Thomas, adding that the president has “an embarrassment of riches to choose from.” He added that the president may be looking for a younger nominee who could serve up to thirty years on the court. 

The possible nominees include: 

Andrew Oldham, who clerked for Justice Alito and was appointed by Trump to the U.S. Court of Appeals for the 5th Circuit.

James Ho, who clerked for Justice Thomas and was appointed by Trump to the U.S. Court of Appeals for the 5th Circuit. 

Neomi Rao, who clerked for Justice Thomas and was appointed by Trump to the U.S. Court of Appeals for the D.C. Circuit. 

Amul Thapar, who was Trump’s first Court of Appeals appointment and serves on the U.S. Court of Appeals for the 6th Circuit. 

Patrick J. Bumatay, who was appointed by Trump to the U.S. Court of Appeals for the 9th Circuit.

Kyle Duncan, who was appointed by Trump to the U.S. Court of Appeals for the 5th Circuit.

Rebecca Taibleson, who clerked for Justice Scalia and was appointed by President Trump to the U.S. Court of Appeals for the 7th Circuit. 

“So he has a tremendous bench that he has built,” Stimson said. “When you have these lifetime appointments, especially to the Supreme Court, that is really part of your legacy. 

Those aren’t the only names in the mix. 

The Republican chairman of the Senate Judiciary Committee, Chuck Grassley (R-IA), suggested on Tuesday that Senators Ted Cruz of Texas and Mike Lee of Utah could fill a vacancy, according to Bloomberg Law. 

In February, Trump teased the possibility of nominating Texas Senator Ted Cruz to the high court.

“I’m thinking about putting him in the Supreme Court,” Trump said. “I’m thinking because it’s very hard, getting these nominations through is tough.”

Alito has not yet hired his next round of law clerks, according to the New York Times. His new book, “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country,” is set to be released in October, which is when the court’s new term begins.  

Stimson described Supreme Court justices as “human beings” who sometimes weigh political factors — such as which party controls the White House and Congress — when deciding whether to retire.

“You should not be naive to think that that isn’t a calculation,” Stimson said. “But for many of them, this is their dream job, and they don’t want to step down, because as long as they can serve competently, and they all are doing, you know, the best job they can, there’s no reason to believe that anyone is going to step down anytime soon.”