Since it was first announced in early August, Justice Samuel Alito’s new book – So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country – has created some … well, disorder.
Given its scheduled Oct. 6, 2026, release date, the book has prompted a news cycle (or three) of speculation that the “most consistently conservative” justice (at least according to one analysis) is set to retire before the next term commences.
One of the initial pieces on this was a Feb. 6 column by Elie Mystal, cheekily titled “Is Samuel Alito Preparing to Disrobe?” “The justices are busy in October. Arguably too busy to sell a book,” wrote Mystal. “The publication date of the book makes me think that Alito is planning to retire at the end of the Supreme Court’s current term, in July.”
Mystal added that Alito’s retirement would also be timely given the unpredictability of the 2026 midterms: If Alito retires in July, President Donald Trump and Republicans would still have time to appoint and confirm his replacement. “I think he’s leaving while Republicans still have the political power to replace him with another Sam Alito who is 30 years younger,” Mystal wrote.
Other Alito-retirement-rumor enthusiasts have pointed to the following: the associate justice’s age and tenure on the court (Alito “joined the high court 20 years ago,” a “very good milestone on which to retire”); his supposed political inclinations (“by retiring well in advance of the midterms, Justice Alito can ensure that his seat goes to a sympatico but much younger version of himself”); and his wife (“there’s also evidence that Alito’s wife, Martha-Ann, would like him to step down from the bench so that both of them can openly express their political opinions”)
But not everyone agrees. David Lat titled his recent article, “Justice Samuel Alito Won’t Hang Up His Robes Anytime Soon.” Alito, according to Lat, “remains energetic and engaged as a justice” and is “still years away from the ages that SCOTUS members have retired at in recent years.” Lat also noted that Alito’s book may gain more readers if he stays on the bench, rather than leaving for a book tour (as the works of retired justices may not do quite so well).
With this speculation, of course, comes discussion of just who Alito’s successor would be. Some popular names (so far) include, in alphabetical order: Judges Patrick Bumatay (9th Cir.), Aileen Cannon (District Court for the Southern District of Florida), James Ho (5th Cir.), Andrew Oldham (5th Cir.), Neomi Rao (D.C. Circuit), and Amul Thapar (6th Cir.). But, given any such announcement would still be months away, this list is likely far from complete.



