President-elect Donald Trump could have a chance to solidify the Supreme Court’s conservative majority for decades to come after he was elected to a second term in the White House on Tuesday.
Several of the high court’s conservatives are in their 70s and may be tempted to retire with a Republican in the White House for the next four years. That decision would not change the balance of power on the court but could give Trump, who appointed three justices in his first term, an opportunity to extend the longevity of its 6-3 conservative majority.
John Roberts, the chief justice, is 70, while Justices Samuel Alito and Clarence Thomas are 74 and 76, respectively.
In a less likely scenario, the retirement of a Democratic-appointed justice would clear the way for that majority to expand to 7-2.
Justice Samuel Alito & Justice Clarence Thomas
“If Justices Clarence Thomas and Sam Alito retire and Trump appoints their replacements … Trump will have appointed a majority of the court — the most since Franklin D. Roosevelt,” said Chris Geidner, publisher of the Law Dork newsletter, noting Roosevelt was able to secure five appointees to the high court.
Thomas, Alito, and Roberts, all appointed by Republican presidents,