Justice Samuel Alito has said he is thinking about stepping down, and that comment has already turned into a fight over who would get to replace him. Alito told CBS News that retirement was “something I think that somebody at my age has to think about every term.” He is 76. Justice Clarence Thomas is 78.
A day later, Senate Democrats told NBC News they would not approve any Supreme Court pick from President Donald Trump if they win back the majority. Senate Minority Leader Chuck Schumer tied that stance directly to the midterms. He said taking the chamber back is partly about stopping Trump from filling the high court and the lower courts.