Trump recalls how Ruth Bader Ginsburg’s death affected the Supreme Court as he discusses Samuel Alito’s future
Justice Samuel Alito sits during a group photo of the justices at the Supreme Court in Washington
(CNN) — President Donald Trump has considered the possibility that conservative Justice Samuel Alito might step down later this year, giving him the ability to nominate a fourth justice to the Supreme Court.
Trump said he has a list of potential candidates in mind if a seat opens on the nine-justice bench this year. And when asked about the importance of the possibility of Alito stepping down while Republicans are in control of the Senate, Trump pointed to how Justice Ruth Bader Ginsburg’s death in 2020 shifted the court.
“Ginsburg could not do it, and she really hurt herself within the Democrat Party,” Trump told Fox Business’ Maria Bartiromo in an interview that aired on Wednesday. “People are very angry at her, because I got to appoint people instead of Biden.”
Trump was referencing Ginsburg’s decision to remain on the court during the Obama administration. When Ginsburg died in September 2020 at the age of 87, the vacancy allowed Trump to quickly nominate and the GOP-led Senate to confirm Justice Amy Coney Barrett – solidifying a 6-3 conservative majority.
“She decided that she was going to live forever, and about two minutes after the election, she went out, and I got to appoint somebody,” Trump said.
Trump said he didn’t know whether Alito or Justice Clarence Thomas would actually step down. Supreme Court justices are appointed for life, and their decisions about retirement are often personal and shrouded in secrecy. Neither justice has indicated their plans.
Alito did not respond to a request for comment.
Alito, 76, is the second-oldest justice on the court next to Thomas, 77 – another reliable conservative. There’s been speculation for months over whether Alito will retire in time for Trump to appoint a replacement and for a Republican Senate to confirm a new justice to guarantee the seat is not blocked by Democrats and filled by a potential Democratic president in 2029.
Trump said on Wednesday he didn’t know whether there would be a vacancy by the end of the year but that Alito was in “very good physical health.” CNN reported this month that Alito was taken to a hospital after becoming ill recently at a dinner in Philadelphia. The court said Alito was treated for dehydration and he has been active participant in oral arguments since then.
“Justice Alito is an unbelievable justice and a brilliant judge as justice, and he gets the country, you know, he does what’s right for the country,” Trump said.
Trump named three justices to the Supreme Court during his first term – Neil Gorsuch, Brett Kavanaugh and Barrett. The 6-3 conservative-liberal balance of the court would not likely change if Trump had an opportunity to replace Alito or Thomas, but it would allow the president to appoint someone with their ideology who presumably would be on the bench for generations. Both have been frequent votes in favor of Trump’s policies on immigration, transgender issues and executive power.
Both Alito and Thomas, for instance, dissented from the court’s decision in February that shut down Trump’s emergency global tariffs – a decision that has prompted fiery recriminations from the president ever since. Two of his nominees – Kavanaugh and Barrett – supported that ruling.
In the interview Wednesday, Trump repeated his criticism of the court’s conservative majority even though those justices have handed the president a series of high-profile wins in recent years on the emergency docket and in major merits appeals, including the decision to grant former presidents immunity from criminal prosecution for official actions.
“And the liberals do stick together. There’s one thing about those justices, they stick together like glue, not like the Republicans,” he said.
President George W. Bush named Alito to the Supreme Court, where he has served since 2006. He has regularly sided with prosecutors, religious entities, gun rights and anti-abortion groups. Four years ago, Alito drew national attention for writing the majority opinion in Dobbs v. Jackson Women’s Health Organization that overturned decades-long precedent establishing the right to have an abortion called Roe v. Wade.
The Supreme Court is turning to its busiest time of the year, with the justices drafting decisions in the most significant cases of the term – many of which involve Trump’s policies. The court is currently considering Trump’s power to fire the leaders of independent agencies, including the Federal Reserve, as well as his effort to end automatic birthright citizenship.
This story has been updated with additional information.
The-CNN-Wire
™ & © 2026 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.
