Supreme Court Justice Samuel Alito, 76, faced a sudden health issue last month, leading to a brief hospitalization in Philadelphia. On March 20, during a Federalist Society event, Alito fell ill and received intravenous fluids for dehydration before returning home that evening.

Focus on Senior Justices

As the second-oldest member of the bench behind Justice Clarence Thomas, 77, Alito’s incident highlights vulnerabilities among the court’s elder conservatives. Both justices consistently align with originalist interpretations favored in recent rulings.

No current justices have signaled retirement plans, yet the event renews speculation about potential vacancies before President Trump’s term concludes.

Progressive Group Ramps Up Opposition

Demand Justice, a progressive advocacy organization, launched a $3 million initiative Friday to counter any Trump Supreme Court nominations. The campaign could scale to $15 million should openings occur.

Josh Orton, the group’s president and former advisor to Kamala Harris and Bernie Sanders, warned that Trump aims to lock in 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. “It is, I think, just as likely that he’s going to nominate a Lindsey Halligan or Alina Habba–type than he will a circuit court judge.”

Senate Dynamics and Nominee Speculation

Confirmations require 51 Senate votes. Democrats aim to gain four seats in upcoming midterms, where prediction markets currently favor their takeover.

Orton predicts swift action from Trump, potentially favoring loyalists like former personal attorneys Alina Habba and Lindsey Halligan, or presidential advisor Will Scharf, over traditional judges. Such picks could face steep confirmation hurdles, especially if Democrats control the Senate.

By 2028, Thomas and Alito would reach 84 and 82, respectively, complicating future Republican appointments. “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. “There is no way that Donald Trump and Clarence Thomas and Samuel Alito would ever commit the fundamental miscalculation about power that we saw from Ruth Bader Ginsburg and Barack Obama.”

Ruth Bader Ginsburg declined retirement urging from Democrats, passing in September 2020. Trump then appointed Justice Amy Coney Barrett, confirmed in October 2020.

“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.

The White House did not respond to requests for comment.