5 articles · Updated · The Washington Post · May 30
A growing group of conservative appeals court judges is issuing unusually provocative opinions and public statements as lawyers speculate they are signaling loyalty to Donald Trump for a possible Supreme Court opening.
Samuel Alito, 76, is widely viewed as the justice most likely to retire after the term ends in about a month, even though several reports say he currently has no plans to step down.
Lawrence VanDyke drew attention with a March dissent using crude language in a transgender spa case and earlier posted a video dissent on California’s over-10-round magazine ban while handling firearms.
James Ho and Andrew Oldham have also fueled audition talk with hard-line positions aligned with Trump, including Ho’s apparent reversal on birthright citizenship and Oldham’s defense of broad presidential power on immigration.
The incentive has grown since Republicans ended the Supreme Court filibuster in 2017, leaving would-be nominees needing mainly a president’s backing and support from a simple Senate majority.
Are provocative judicial writings the new path to the Supreme Court, and what does this mean for traditional legal decorum?
Does a judge signaling their philosophy enhance transparency, or does it risk undermining the court's foundational neutrality?
Justice Alito’s 20-Year Milestone: Retirement Rumors, Political Implications, and the Future of the Supreme Court in 2026
Overview
As of late May 2026, Justice Samuel A. Alito Jr. shows no signs of immediate retirement from the Supreme Court. At a recent event with his former clerks and conservative judges, no mention was made of him stepping down, and he continues to be described as energetic and engaged in his work. There have been no changes in his clerk hiring practices, and a recent health scare was minor, with Alito quickly returning to his duties. These factors together suggest that, despite speculation, Justice Alito intends to remain on the bench for the foreseeable future.