WASHINGTON, Nov. 16 —Donald Trump returns to the White House shielded with presidential immunity by the Supreme Court and with the prospect of cementing a conservative majority on the bench for at least a generation. The Republican President-elect appointed three right-wing justices to the top court during his first term and may have the opportunity to name more during his second stint in the Oval Office.
Archconservatives Clarence Thomas, 76, and Samuel Alito, 74, who wrote the opinion overturning the nationwide right to abortion, are the two oldest justices on the court and they could choose to step down knowing their replacements would be nominated by Trump. “It certainly presents the opportunity for them to retire with some assurance that their successor would continue their philosophy,” said Christopher Peters, a law professor at the University of Akron. “And I certainly wouldn’t be surprised if that happened.
” Steven Schwinn, a law professor at the University of Illinois Chicago, said if Thomas or Alito have any inclination to quit he expects it to happen “fairly quickly”—before the 2026 midterm elections, when Republicans could potentially lose control of the Senate. Supreme Court justices are appointed by the president for life but are subject to confirmation by the Senate. Trump, the only former US president to be convicted of a crime—falsifying business records to cover up a hush money payment to a porn star—will take office in January embolden.