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If Justice Alito resigns before the midterms, a Trump nominee to the Supreme Court is likely to sail through confirmation

Apr 23, 2026

Washington is buzzing with the possibility that President Donald Trump might name one or more Supreme Court justices before the November midterm elections. In a conversation with Fox Business TV host Maria Bartiromo on April 15, 2026, Trump discussed the potential retirement of Justice Samuel Alito, 76, the reliably conservative justice appointed by President George W. Bush in 2005. Trump praised Alito as “a great justice” and said that he is prepared to appoint a replacement, should Alito retire. Trump added, “In theory, it’s two – you just read the statistics – it could be two, could be three, could be one.” Trump didn’t say who the other potential retiring justices are. Speculation from pundits is that he is referring to Justice Clarence Thomas, 77, another solid conservative vote. Thomas, appointed by George H.W. Bush in 1991, is the court’s oldest justice and longest-serving member. In the same Fox interview, Trump pointed to former Justice Ruth Bader Ginsburg, who was under intense pressure to retire during President Barack Obama’s presidency. Ginsburg opted to stay on the bench and died in September 2020. Republicans blocked Obama’s appointment of Merrick Garland in 2016 after the death of Justice Antonin Scalia. Then, in…

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