The U.S. Supreme Court’s new term, commencing on October 5, offers significant opportunities for two of its eldest justices, Clarence Thomas and Samuel Alito, to further influence rulings on issues central to conservative legal priorities. Both justices, aged 78 and 76 respectively, stand at what many experts consider the peak of their judicial power amid a 6-3 conservative majority that has reshaped the court's direction over recent years.
Thomas, appointed in 1991 and the second-longest serving justice in U.S. history, and Alito, a member since 2006, have transitioned from earlier years marked by frequent dissents to becoming pivotal voices in key decisions. Their influence underlies recent court rulings expanding presidential authority over regulatory agencies and narrowing protections under the Voting Rights Act. Both justices have consistently supported policies associated with former President Donald Trump, particularly in cases involving presidential powers and immigration enforcement.
With the upcoming term’s docket including high-profile cases on gun control, religious rights, voting laws, and LGBTQ+ protections, Thomas and Alito are positioned to impact several significant areas. The court will hear arguments in December on whether states can prohibit AR-15-style rifles and other semiautomatic weapons, a case that could build on Thomas’s 2022 framework requiring gun regulations to align with historical firearm traditions. Also on the docket is a challenge to an Arizona voting law mandating proof of citizenship, a Republican-backed measure criticized as potentially suppressing voter access.
Religious liberty is another focal point for the justices, with a November case addressing whether preschools that accept public funds can exclude children of same-sex couples. Additionally, the court may consider the constitutionality of a Texas law requiring public schools to display the Ten Commandments, raising questions on government endorsement of religion. Alito, who has long criticized precedents limiting religious exemptions, views these cases as opportunities to revisit rulings that have restricted First Amendment protections.
Speculation over the potential retirement of Thomas or Alito has increased amid their advancing ages—close to the Supreme Court’s average retirement age of about 80—and the political stakes ahead of the November congressional elections. Should vacancies arise, President Joe Biden or a future president could nominate successors, but Senate control may determine confirmation prospects. Alito has publicly dismissed retirement rumors, affirming his intent to serve at least through the current term, stating in recent interviews that he still sees himself making valuable contributions to the court.
Legal scholars note that both justices appear committed to continuing their service, motivated by a desire to solidify conservative legal gains and serve as a bulwark against potential shifts under future Democratic administrations. Thomas, who may surpass the previous record for longest tenure in 2028, has shown no indication of stepping down, while Alito remains influential within the court’s conservative bloc, particularly in aligning the Trump appointees on key rulings such as the landmark decision overturning Roe v. Wade.
As the court confronts a robust docket touching on some of America’s most contentious legal debates, the continued presence and activism of Thomas and Alito are expected to shape the judiciary’s conservative trajectory for years to come.