Trump’s election sparks speculation and infighting over future Supreme Court vacancies

Former President Donald Trump’s return to power is setting off a flurry of speculation and interparty bickering about potential retirements on the Supreme Court, underscoring how even a single departure by one of the nine justices can shape the law for generations.

Former President Donald Trump’s return to power is setting off a flurry of speculation and interparty bickering about potential retirements on the Supreme Court, underscoring how even a single departure by one of the nine justices can shape the law for generations. Conservatives are preparing for Justices Clarence Thomas or Samuel Alito – both in their mid-70s – to step down within the next two years, whether the justices are ready to quit or not. On the left, meanwhile, Trump’s election has relit far flung hopes among some for a sudden retirement by Justice Sonia Sotomayor, the court’s senior liberal, and for President Joe Biden to nominate and confirm a replacement by the end of December. Even if any of those retirements take place in coming weeks or months – a big if, given that justices have often waited until their 80s to step down – none would change the current balance of power on the 6-3 conservative court. But by installing one or two younger and like-minded conservative justices into lifetime appointments, Trump would solidify the court’s rightward turn for decades to come. “Alito is gleefully packing up his chambers,” Mike Davis, a conservative legal operative who could play a key role helping Trump choose judicial appointments, predicted on social media this week. The attention on potential Supreme Court vacancies has so far been driven entirely by forces outside the court – and rampant speculation based on a series of murky clues and past practices. That has even inspired a debate within Republican legal circles that spilled into public view Friday over whether such speculation is appropriate.