Supreme Court Justice Samuel Alito, 76, experienced a health scare last month when he was rushed to a hospital in Philadelphia. The incident occurred on March 20 during a Federalist Society event, where he fell ill and received fluids for dehydration before returning home that evening.
Concerns Over Aging Justices
Alito ranks as the second-oldest member of the Supreme Court, behind Justice Clarence Thomas, 77. Both justices hold conservative views and often align with former President Donald Trump’s positions. This event has heightened worries about potential vacancies on the bench during Trump’s second term.
Demand Justice Launches Preemptive Campaign
No justices have announced retirement plans, yet the liberal advocacy group Demand Justice is mobilizing. Led by President Josh Orton, a former advisor to Kamala Harris and Bernie Sanders, the group announced a $3 million campaign on Friday to oppose any Trump Supreme Court nominations. Funds could expand to $15 million if vacancies arise.
Orton warns that Trump aims to solidify conservative control before his term ends. “He knows that this 53–47 margin is going to be the best margin he has to confirm people who may not be the most appealing to the Republican legal establishment,” Orton stated. He predicts nominations of loyalists like Lindsey Halligan, Alina Habba, or presidential advisor Will Scharf over traditional judges.
Senate Dynamics and Confirmation Hurdles
Supreme Court nominees require 51 Senate votes for confirmation. Democrats are favored by prediction markets to flip four seats in the upcoming midterms, potentially gaining control. Such a shift would complicate Trump’s picks. If Thomas and Alito remain until after 2028, they would be 84 and 82, respectively, delaying further conservative appointments.
Orton contrasts this with Justice Ruth Bader Ginsburg, who declined to retire under Barack Obama and passed away in September 2020. Trump then appointed Amy Coney Barrett to fill the vacancy before Joe Biden’s inauguration. “If you think that Trump is willing to leave two of the three justices he thinks are most loyal on the court in their 80s past when he leaves office, you are not paying attention,” Orton told reporters.
“We are making it clear to people on both sides of the aisle and to independents: who Donald Trump is nominating to the Supreme Court is only looking out for him and not them,” Orton added.
The White House has not commented on the matter.
