Right-wing justice comes to decision after months of retirement rumors: report

One of the oldest and most right-wing justices on the Supreme Court appears not to be retiring after all, Fox News reported on Friday.

Justice Samuel Alito, who was appointed by former President George W. Bush, "'is not stepping down this term and is in the process of hiring the rest of his clerks for the next term,' a source told Fox News Digital. Two other sources told Fox News that Alito is not retiring this term, which lasts until the Supreme Court's new year kicks off in October. Justices tend to hire their clerks two to three years in advance, although that process is not necessarily indicative of a justice's retirement plans."

The news follows months of speculation that Alito was preparing to retire at the end of this term — fueled by the fact he was preparing to release a book in the fall. Touring to promote the book would have been easier to plan if he had intentions of not sitting on the court by next term.

Alito remaining on the Supreme Court ups the stakes of the midterm elections in the fall, as a Democratic Senate majority, or even just a more evenly divided Senate, could severely limit President Donald Trump's ability to nominate a Supreme Court justice if a vacancy opens up after this year.

"The revelation that Alito is reportedly not planning to step down comes after President Donald Trump told Fox Business' Maria Bartiromo he is 'prepared' to appoint up to three Supreme Court justices if vacancies arise," noted the report. "Trump added he has a shortlist of nominees in mind, though he did not mention any names."

Trump was able to appoint three Supreme Court justices in his first term, giving Republicans an even firmer advantage on cases heard by the court.