Republican Floats Samuel Alito Replacement Nominees for Supreme Court

Senate Judiciary Chairman Chuck Grassley named two conservative senators as preferred replacements for a potential Supreme Court vacancy created by Justice Samuel Alito‘s retirement, as Republicans race to lock in a younger conservative before control of the chamber potentially shifts hands.

Grassley told reporters on Capitol Hill that he would recommend either Senator Ted Cruz of Texas or Senator Mike Lee of Utah if Alito stepped down. “I hope he doesn’t retire,” Grassley said. “But if he does retire, I’m going to suggest that either Lee or Cruz be put on the Supreme Court.”

The remarks highlight a calculated political strategy: Republicans want Alito to exit while they control the Senate and Trump remains president, ensuring a conservative replacement before Democrats potentially retake the chamber in November. The math is stark. Alito, 76, has served on the bench since 2005. Prediction markets show roughly 50-53 percent odds he announces retirement before the end of the year.

The Senate Window

Senate Majority Leader John Thune said Republicans would be “fully prepared” to confirm a replacement if Alito retired. “That’s a contingency I think around here you always have to be prepared for,” Thune told the Washington Examiner. “And if that were to happen, yes, we would be prepared to confirm.”

The timing matters enormously. Should the GOP lose control of the Senate in the 2026 midterms, a Democratic majority would likely block Trump’s nominees. Alito’s friends and former colleagues have indicated privately that he would prefer a Republican president to select his successor, according to The New York Times. That preference, combined with his age and 20 years on the bench, has fueled speculation about a spring retirement announcement before the court’s term ends in June or July.

Cruz and Lee both bring Supreme Court credentials. Cruz clerked for then-Chief Justice William Rehnquist and has argued before the court as Texas solicitor general and in private practice. Lee clerked for Alito on the U.S. Court of Appeals for the Third Circuit and later on the Supreme Court itself. Both currently sit on the Senate Judiciary Committee.

Trump has not publicly weighed in on Alito’s replacement plans, though he told Politico earlier that he hopes both Alito and Justice Clarence Thomas, 77, remain on the bench. “I hope they stay ’cause I think they’re fantastic, OK? Both of those men are fantastic,” Trump said.

The rush to find a successor reflects broader Republican anxiety about Senate control. The chamber’s current 52-48 Republican majority could slip if Democrats gain ground in November. A narrow GOP margin would give moderates like Senator Lisa Murkowski of Alaska greater leverage to block nominations, complicating efforts to meet quick confirmation timelines.

Speculation has also centered on Thomas, the court’s oldest justice. However, legal observers have noted that Thomas has signaled no intention to retire and has hired a full slate of law clerks for future terms, a typical indicator that a justice plans to stay.

Conservative legal activists have quietly encouraged both justices to depart soon. But they face pressure from younger judicial ideologues who see an Alito retirement as a chance to install a justice in his 50s rather than his 70s, potentially extending conservative control of the court for decades.

Alito’s Bet

For Republicans, the window to replace Alito on their terms may be closing fast.

Alito has given no public indication that he plans to resign. The New York Times reported earlier this month that people close to the justice said they were unsure about his plans. He was briefly hospitalized for dehydration last month after becoming ill at a Philadelphia event, but returned to court the following Monday.

Alito’s October book release, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country, has also fueled further retirement chatter. The October 6 publication date falls just after the start of the next court term on October 5, leading legal analysts to speculate he may plan to leave.

The uncertainty leaves Republican senators preparing contingency plans. If Alito retires this year, Trump could nominate, and the GOP-controlled Senate could confirm a replacement before the midterms, cementing the court’s 6-3 conservative majority for a generation.

If he doesn’t, Alito faces a calculation: retire while a Republican controls the White House and Senate, or risk serving past the 2026 midterms and potentially into a Democratic presidency.

Should neither Alito nor Thomas retire, Trump could still draw from a deep bench of lower court judges he appointed during his first term. Potential candidates include judges James Ho and Andrew Oldham of the Fifth Circuit, Neomi Rao of the D.C. Circuit, and Judge Amul Thapar of the Sixth Circuit. But Grassley’s comments suggest Senate Republicans want a known quantity from the chamber itself, avoiding confirmation battles with moderate GOP senators who could demand concessions.

Newsweek's reporters and editors used Martyn, our Al assistant, to help produce this story. Learn more about Martyn.

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This story was originally published April 14, 2026 at 5:16 PM.