This week, Donald Trump reaffirmed his desire to have Justices Clarence Thomas and Samuel Alito remain on the court ‘til the end of his term. And, as the President has touted, one of his proudest first-term accomplishments was to nominate three eventual Supreme Court Justices: Gorsuch, Kavanaugh, and Coney Barrett.
Some Stay True, Some Don’t
Justice Gorsuch has been fairly consistent. Justice Kavanaugh has usually held the line, relying upon the U.S. Constitution as his north star. More than occasionally, Amy Coney Barrett has been a liability to conservatives. It is speculated that she fears for members of her family if she does not yield to Leftist causes. She did, however, appropriately chastise the ranting of Ketanji Brown Jackson – a DEI selection who should have never become a Supreme Court Justice.
Some on the Right regard Barrett as one of Trump's mistakes, similar towhat befell Ronald Reagan when Sandra Day O'Connor began crossing the line from her conservative values to agree with Leftists.
Then, regrettably, there is George W. Bush's appointment of John Roberts. As Chief Justice, Roberts is demonstrably weak and has flip-flopped on many occasions. Perhaps he is being controlled by someone with knowledge of his extracurricular activities, but who knows? Regardless, the alleged conservative six-to-three majority on the court often ends up being five-to-four, or worse, four-to-five.
No Time to Dally
Despite President Trump's wishes, in his remaining 37 months in office, two monumental, if bold, appointments are needed to ensure that vigorous, non-wavering conservatives will be added to the court and will remain in place for decades to come.
Clarence Thomas turns 78 on June 23, 2026. For much of his career, he said little, listened carefully, and wrote brilliant arguments. In recent years, he has spoken up more. Under fire from the Left, professionally as well as personally, he has stood his ground. It is remarkable that in 1991 he weathered what he termed a “high-tech lynching,” and for 34 years has proven to be a wise choice by George H. W. Bush.
Samuel Alito is also a consistent conservative and takes his cues directly from the U.S. Constitution. Alito turns 76 on April 1, 2026. He has become one of the more principled justices in modern times, and the credit goes to George W. Bush for selecting him.
If only we could clone both justices!
We’re Going to Miss You
True conservatives don't want to see the departure of champions like Justice Thomas and Justice Alito. The most prudent path, however, is that long before Trump's term is over and, preferably, even before the 2026 mid-term elections – a mere 10+ months away – both Justices retire to make way for new, younger, strong conservatives.
Hanging on too long has its consequences. Ruth Bader Ginsburg never met a clause in the U.S. Constitution that she felt couldn’t be ignored. She was the darling of the Left for decades. She aimed to serve well past the time that others strongly suggested she retire in favor of a younger, liberal justice.
Ginsburg, of course, died while in office, enabling Trump to select Amy Coney Barrett. Among many conservatives, Barrett is or is somewhat of a disappointment. Still, Trump at least had the opportunity with Ginsburg’s passing to flip one highly liberal justice for a presumably conservative justice.
Fool Me Once
Whenever a nomination opportunity arises, Trump won't make the same mistake. He will vet and re-vet and vet again whomever he nominates, knowing that this will be a crucial aspect of his second term.
A monumental question arises. Recalling Ruth Bader Ginsburg’s fate, will Justice Thomas and Justice Alito step down accordingly? The likelihood is no. Alito has balked at retiring. He is not in jeopardy health-wise. Thomas is on the mend in 2024. Both could ably serve for many more years to come. The greater issue, however, is preserving the tenuous, conservative majority on the court and populating it with new justices who also will not waver.
Both Justices, clearly understanding the landscape, could step aside within three years or, better yet, before the midterms. Departing sooner rather than later would give President Trump sufficient time to ensure that whomever he selects will make it through the process.
51 Votes Will Do
Republicans do not need 60 votes in the Senate to confirm a new justice. A mere 51 votes will do. Currently, they have the 51 and then some. However, November 3, 2026, beckons. It appears that the GOP will hold the Senate, but let’s not roll the dice.
If neither Justice retires before the midterms, given that the Republicans do retain the Senate, it is vital that both Justices bid adieu before 2028. Their legacies are well established, and each can retire knowing that he served his country well.
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