BY Benjamin ClarkApril 16, 2026
4 days ago
BY 
 | April 16, 2026
4 days ago

Trump says he is ready to fill up to three Supreme Court seats as Alito retirement talk grows

President Donald Trump told Fox Business host Maria Bartiromo he is "prepared" to nominate as many as three new Supreme Court justices if vacancies open, a statement that lands squarely in the middle of intensifying speculation about the possible retirement of Justice Samuel Alito.

Trump did not name anyone on his shortlist. But he made clear the list exists and that he is ready to move fast.

The remarks, reported by Fox News Digital, come as Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, told reporters his panel is "fully prepared" to process a nominee before the upcoming midterm elections if needed. Grassley went further, recommending Sens. Ted Cruz of Texas and Mike Lee of Utah as top candidates should Alito step down.

Neither senator jumped at the suggestion. Cruz called having his name in the mix a "high honor" but said he did not want the job. A spokesman for Lee pointed to the senator's remark to the Washington Examiner that he wanted Alito "to stay on the court forever."

What Trump said, and what he didn't

Trump framed the number of potential vacancies as fluid. In his conversation with Bartiromo, he said:

"In theory, it's two, you just read the statistics, it could be two, could be three, could be one."

Asked directly about Alito, Trump praised the justice but left the door wide open:

"I don't know. I'm prepared to do it. But when you mention Alito, he is a great justice."

He continued with a longer tribute that doubled as a careful hedge, the kind of public compliment a president offers when he wants a justice to feel valued whether he stays or goes:

"Justice Alito is an unbelievable justice, and a brilliant justice, and he gets the country. 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."

That last line captures the tension. A new appointment would let Trump extend his influence on the Court for decades. But losing Alito, a reliable originalist, carries its own cost, even if the replacement is equally conservative.

Why the retirement talk won't stop

Alito is 76 years old and has served on the high court since his appointment by former President George W. Bush. The speculation about his departure has grown for several reasons: his age, his long tenure, and the political calendar. With Republicans holding the Senate, a retirement now would guarantee a conservative successor confirmed under favorable conditions. Wait until after the midterms, and the math could change.

The political stakes of Senate control are already a major focus for both parties, with Republicans eyeing further Senate expansion in 2026 while Democrats defend a wide map of battleground states.

A health scare last month added fuel. Alito was treated for dehydration after becoming ill at a Federalist Society dinner. A Supreme Court spokesperson said at the time that Alito was "thoroughly checked" and returned to the bench the following Monday.

A source close to Alito pushed back on the retirement chatter, telling Fox News Digital that the justice "is not stepping down this term and is in the process of hiring the rest of his clerks for the next term." Hiring clerks for the next term is widely understood as a signal that a justice intends to stay.

Fox News Digital reached out to the Supreme Court's public affairs office for comment on a Wednesday evening but had not received a reply.

Thomas draws less attention, but the same math applies

Justice Clarence Thomas, appointed by President George H.W. Bush, is actually one year older than Alito at 77 and has served on the Court for more than three decades. Yet Thomas has drawn less retirement speculation. Trump's reference to as many as three vacancies suggests the White House is gaming out scenarios that could involve either or both of the Court's senior conservative members, or possibly an unexpected departure elsewhere.

The current Court sits at a 6-3 conservative majority, a balance shaped in large part by Trump himself. During his first term, he secured three appointments, more than any president since Ronald Reagan, Fox News Digital noted. By comparison, George H.W. Bush, George W. Bush, Barack Obama, and Bill Clinton each appointed two justices. Joe Biden appointed one, Ketanji Brown Jackson.

That track record gives Trump a credible claim to having reshaped the judiciary more than any modern president. Additional appointments would cement that legacy in ways that outlast any single policy fight, a fact not lost on Senate Republicans who have shown increasing willingness to use their majority aggressively on matters they consider urgent.

Cruz says no, and explains why

Grassley's public mention of Cruz and Lee as potential nominees made headlines, but both senators tamped down expectations quickly. Cruz offered the most detailed explanation for declining. He told reporters:

"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. I want to be right in the middle of them."

It was a revealing answer. Cruz framed the Court as a place of restraint, and himself as a senator who prefers the arena. Whether that calculation holds if a president personally asks is another question entirely.

Lee's response, relayed through a spokesman, was simpler: he wants Alito "to stay on the court forever." That's a polite no, wrapped in praise for the incumbent.

Grassley, for his part, said he hoped Alito would not step down, even as he made clear the machinery is ready if he does. The chairman's dual message reflects the reality facing the GOP: they'd rather keep a proven originalist on the bench, but they are not going to be caught flat-footed if the seat opens.

That kind of preparation matters. Senate Republicans have learned hard lessons about what happens when they fail to move decisively on priorities while they hold the votes.

The open questions

Trump did not reveal any names from his shortlist. He did not say whether he has spoken privately with Alito or Thomas about their plans. And Alito himself has made no public statement on the matter, his intentions are known only through a single unnamed source and the clerk-hiring signal.

The Supreme Court's public affairs office has not weighed in publicly beyond the earlier health clarification. That silence is standard for the Court, but it leaves a vacuum that politicians and commentators are happy to fill.

What is clear: Trump has a plan, a list, and a Senate chairman who says the confirmation pipeline is open. The only missing piece is a vacancy.

Meanwhile, the broader political environment keeps shifting. Internal Republican debates over spending and governing priorities continue to test the party's unity, but on judicial appointments, the GOP caucus has historically found its sharpest focus.

What this means for the Court, and the country

Every Supreme Court vacancy is a generational event. A single appointment can shift the trajectory of constitutional law on issues from the Second Amendment to religious liberty to the administrative state for thirty years or more. Trump already proved that during his first term, when his three nominees helped produce landmark decisions that reshaped American jurisprudence.

If one or two more seats open during this term, the conservative legal movement would have an opportunity to lock in a durable majority that no single future Democratic president could easily reverse. That prospect is exactly why the left watches every Alito health update and every Thomas travel story with such intensity.

For conservatives, the calculation is straightforward. The Senate majority is here now. The president is ready. The shortlist exists. If a justice decides the time is right, the machinery will not hesitate.

Washington rarely rewards patience. It rewards preparation, and on this front, the right side of the aisle appears to have done its homework.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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