President Donald Trump said Wednesday he is prepared to nominate a replacement for Justice Samuel Alito if the 76-year-old conservative retires, as speculation about a possible vacancy intensifies on Capitol Hill.
“It could be two, could be three, could be one. I don’t know, I’m prepared to do it,” Trump told Fox News host Maria Bartiromo. “When you mention Alito, he’s a great justice. Justice Alito is an unbelievable justice and a brilliant justice, and he gets the country. He does what’s right for the country.”
Alito has given no formal indication he intends to step down, but a recent hospitalization and reports that he has not yet hired his next round of law clerks have fueled speculation. His new book, “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country,” is scheduled for release in October, when the court’s next term begins.
Senate Majority Leader John Thune (R-SD) told reporters Tuesday the Republican majority is ready to move quickly if a vacancy opens.
“That’s a contingency, I think, around here you always have to be prepared for,” Thune said. “And if that were to happen, yes, we would be prepared to confirm.”
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) suggested Senators Ted Cruz (R-TX) and Mike Lee (R-UT) could fill a vacancy on the high court.
Trump floated Cruz as a possible nominee as far back as February. “I’m thinking about putting him in the Supreme Court,” Trump said at the time. “Getting these nominations through is tough.”
A Trump nomination would give him a fourth Supreme Court pick, building on his appointments of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Alito, appointed by President George W. Bush in 2005, has written landmark conservative opinions including the Dobbs decision overturning Roe v. Wade, the Bruen ruling expanding Second Amendment protections, and multiple rulings broadening religious liberty.
Republicans currently hold 53 Senate seats, enough to confirm a nominee without Democratic support. The urgency to move before midterm elections has added momentum to the conversation.
