On Friday, June 13, 2025, Newsweek reported that speculation is circulating in legal circles about the potential retirement of Supreme Court Justices Clarence Thomas, aged 76, and Samuel Alito, aged 75, during Donald Trump’s presidency.

According to Supreme Court scholar Adam Feldman, while it is unlikely, the possibility exists as Thomas will be nearing 80 by the end of Trump’s term. Feldman noted that both justices are in their mid-70s, with no publicly known major health issues, and may choose to remain on the bench if they expect a Republican president to follow Trump.

Feldman identified six judges as potential replacements should either justice step down: Patrick J. Bumatay, Aileen M. Cannon, James C. Ho, Andrew S. Oldham, Neomi J. Rao, and Amul R. Thapar. His analysis, based on their judicial decisions and statements, compared these candidates to Trump’s previous appointees—Justices Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett. Feldman found that Judge Andrew Oldham, currently serving on the U.S. Circuit Court of Appeals, closely aligns with Trump’s prior picks, while Judge James Ho is most similar to Thomas and Alito.

Judge Cannon, despite ruling in Trump’s favor in cases like blocking access to the Jack Smith report on classified documents and presiding over a case tied to a 2024 assassination attempt on Trump, is considered less aligned with Trump’s appointees. Her frequent use of terms like “tyranny” and “freedom” appeals to Trump, but her lack of experience, such as not having clerked for a Supreme Court justice, may lower her chances. Feldman suggested Trump might first elevate Cannon to a federal appellate court, with Ho being a stronger candidate for an immediate Supreme Court vacancy.

Feldman emphasized that Ho is the most likely replacement for Thomas, citing his judicial conservatism and prior clerkship under Thomas. Oldham is seen as the top choice to succeed Alito. Historical precedent supports this, as presidents often consider a justice’s former clerk as a replacement.

Neither Thomas nor Alito has indicated plans to retire. Thomas once raised concerns about his salary early in his career, but that issue has been resolved.

Source: Newsweek