Supreme Court Justice Samuel Alito, 76, experienced a health scare last month when he was rushed to a Philadelphia hospital during a Federalist Society event on March 20. He received fluids for dehydration and returned home the same evening.
Concerns Over Aging Justices
Alito ranks as the second-oldest member of the Supreme Court, behind Justice Clarence Thomas, 77. Both justices hold conservative views and have often aligned with former President Donald Trump’s positions. No justices have announced retirement plans, yet Alito’s incident has heightened worries about the court’s oldest members.
Liberal Group’s Preemptive Campaign
Demand Justice, a progressive advocacy organization, launched a $3 million initiative on Friday to counter potential Trump Supreme Court nominations. The campaign could expand to $15 million if vacancies arise. Josh Orton, the group’s president and former advisor to Kamala Harris and Bernie Sanders, leads the effort.
Orton warns that Trump may move quickly to secure conservative dominance. “He knows that this 53–47 margin is going to be the best margin he has to confirm people who may not be the most appealing to the Republican legal establishment,” Orton stated. He predicts nominations of loyalists like Lindsey Halligan, Alina Habba, or presidential advisor Will Scharf, rather than traditional circuit court judges.
Senate Dynamics and Timing Pressures
Supreme Court nominees require 51 Senate votes for confirmation. Prediction markets favor Democrats to gain control by flipping four seats in the upcoming midterms. Orton argues Trump will avoid delaying appointments, drawing parallels to Justice Ruth Bader Ginsburg’s decision to remain on the bench under President Barack Obama.
Ginsburg’s death in September 2020 allowed Trump to appoint Justice Amy Coney Barrett before Joe Biden’s inauguration. “If you think that Trump is willing to leave two of the three justices he thinks are most loyal on the court in their 80s past when he leaves office, you are not paying attention,” Orton emphasized. By a potential 2028 Democratic presidency, Thomas and Alito would be 84 and 82, respectively.
“We are making it clear to people on both sides of the aisle and to independents: who Donald Trump is nominating to the Supreme Court is only looking out for him and not them,” Orton added.
