Trump says he’s prepared to appoint up to 3 Supreme Court justices

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President Donald Trump said he is “ready” to nominate up to three justices to the Supreme Court if vacancies arise, signaling he is ready to further reshape the high court as speculation swirls around the possible retirement of Justice Samuel Alito.

Trump told Fox Business’ Maria Bartiromo that Alito, appointed by former President George W. Bush, could retire and that he had a shortlist of candidates in mind, although he did not mention any names.

The remarks raise the stakes around any potential vacancy, as Trump has indicated he is ready to seize the opportunity to strengthen the Court’s conservative majority. As retirement speculation around Alito intensifies and Republicans eye the window before the 2026 midterm elections, the prospect of an opening is already putting a new emphasis on succession politics.

“In theory, it’s two – just read the statistics – it could be two, it could be three, it could be one,” Trump said. “I don’t know. I’m willing to do it. But when you talk about Alito, he’s a great judge.”

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United States Supreme Court Associate Justice Samuel Alito testified at a House Appropriations Committee hearing in Washington, DC.

United States Supreme Court Associate Justice Samuel Alito testifies about the Court’s budget during a hearing of the Financial Services and General Government Subcommittee of the House Appropriations Committee, March 7, 2019, in Washington, DC. (Chip Somodevilla/Getty Images)

Rumors that Alito, 76, might retire have grown because of his age, two decades in office and speculation that he may want to ensure a conservative successor is confirmed by the current Republican-led Senate, particularly before the upcoming midterm elections in which Republicans risk losing or seeing a diminished majority.

The rumors were further fueled when it was revealed that Alito was treated last month for dehydration after falling ill at a Federalist Society dinner. A spokesperson for the Supreme Court then clarified that the judge had been “thoroughly checked” and that he returned to the bench the following Monday.

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Justice Clarence Thomas, appointed by President George HW Bush, has sparked less speculation about retirement, although he is a year older than Alito at 77 and has a long tenure himself. Thomas has been a conservative member of the court for more than three decades and holds the record as the second longest-serving justice in history.

President Donald Trump alongside Supreme Court Justices Clarence Thomas and Samuel Alito

President Donald Trump and Supreme Court Justices Clarence Thomas, center, and Samuel Alito, right. (Chip Somodevilla/AFP/Getty Images)

Trump highlighted what he saw as a benefit to replacing Alito, who sides with him in nearly every high-profile court case, but said it would come at a cost.

“Justice Alito is an incredible judge and a brilliant judge, and he’s winning the country,” Trump said. “He does what’s good for the country. It’s the law, and he respects it as much as anyone, but he gets to the point. It’s good for our country. So… in some ways you should be, ‘Oh, I’m glad,’ but he’s so good.”

While many prominent conservative judges, from appeals court Judge James Ho to Florida-based federal judge Aileen Cannon, have been floated as options in legal circles, Trump has not publicly revealed any of his preferences at this point.

Senate President Chuck Grassley, R-Iowa, told reporters this week that he would recommend Sen. Ted Cruz, R-Texas, or Mike Lee, R-Utah, as top candidates if Alito were to retire. Grassley stressed that he hoped Alito would not resign, but said his committee was “fully prepared” to deal with a candidate before the upcoming midterm elections if necessary.

Cruz said in a statement provided to Fox News Digital that having his name in the mix was a “great honor” but that he did not want the position.

“The reason I said no is that a principled federal judge stays out of political fights and stays out of political fights. … But I don’t want to stay out of political fights. I don’t want to stay out of political fights,” Cruz said. “I want to be among them.”

Lee’s office did not respond to a request for comment.

Supreme Court Justice Ketanji Brown Jackson speaking at the Library of Congress in Washington, DC

Supreme Court Justice Ketanji Brown Jackson speaks to the 2025 Supreme Court Fellows Program on February 13, 2025 at the Library of Congress in Washington, DC. (Jacquelyn Martin/Pool/AFP)

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No president since Ronald Reagan has influenced the Supreme Court as much as Trump, who secured three appointments during his first term, underscoring how Trump shaped the 6-3 ideological divide on the court in favor of conservatives.

George HW Bush named two, as did George W. Bush and former Presidents Barack Obama and Bill Clinton. Former President Joe Biden nominated one, Judge Ketanji Brown Jackson.

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