February 13, 2026
Alito memoir timing and legacy book fuel pre-midterm retirement speculation
October book release date, Hemingway biography, and Politico interview signal strategic exit
⚖️Justice📜Constitutional Law🏛️Government
Justice 
Samuel Alito turns 76 on April 1, 2026. He was confirmed to the Supreme Court on Jan. 31, 2006, making 2026 his 20th year on the bench. Alito is the second-most conservative justice after Clarence Thomas, 77. Both justices face pressure to retire while Republicans control the Senate to ensure conservative replacements serve for decades.
Alito's memoir is scheduled for release on Oct. 6, 2026, one day after the Supreme Court's 2026-2027 term begins on Oct. 5. By comparison, Justice Amy Coney Barrett published her book on Sept. 9, 2025, Justice Neil Gorsuch on May 5, 2025, and Justice Ketanji Brown Jackson in early September before her first full term. The timing allows justices to promote their books when they're not hearing oral arguments. Alito's October release date suggests he doesn't expect to be busy with court duties.
Mollie Hemingway's book 'Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution' is described by the publisher as 'the authoritative—and explosive—inside story of Justice Samuel Alito and his powerful role in shaping the Supreme Court.' Legal analysts say such authorized biographies typically require extensive cooperation from the subject, including interviews and access to personal papers. The hagiographic tone and timing suggest a coordinated legacy-building campaign.
In a rare interview with Politico published in January 2026, Alito reflected on his tenure and identified the Dobbs decision overturning Roe v. Wade as his finest achievement. He told Politico he wished Justice Antonin Scalia were around to take a victory lap because 'the court has achieved so much of what he worked toward.' He also complained about 'the coarse civic culture of our current moment,' suggesting dissatisfaction with his current role.
Conservative legal commentators published laudatory articles celebrating Alito's 20th anniversary on the Court in January 2026. Legal experts Dahlia Lithwick and Mark Joseph Stern described these articles as having 'a distinctly valedictory feel,' suggesting coordination among former clerks and conservative legal movement figures. The articles praised Alito's jurisprudence and treated his tenure as a completed body of work rather than an ongoing career.
The 2026 midterm elections on Nov. 5 could shift Senate control to Democrats, making Supreme Court confirmations difficult or impossible. Republicans currently hold 53 Senate seats. If Alito retires by July 2026, Trump and the Republican Senate would have four months to confirm a replacement before the midterms. Democrats forced through Justice Ketanji Brown Jackson's confirmation in April 2022 when Justice Stephen Breyer retired strategically before the midterms.
Justice Ruth Bader Ginsburg died on Sept. 18, 2020, just weeks before the presidential election, allowing Trump to appoint Amy Coney Barrett. Ginsburg's death at 87 while Democrats lacked Senate control became a cautionary tale for strategic retirement timing. Legal analysts note that Alito appears determined to avoid Ginsburg's fate by retiring on his own terms while his ideological allies control the confirmation process.
⚖️Justice📜Constitutional Law🏛️Government
People, bills, and sources
Samuel Alito
Associate Justice of the Supreme Court (2006-present)
Mollie Hemingway
Conservative journalist, Federalist senior editor
Donald Trump
President of the United States (2025-present)
Dahlia Lithwick
Legal analyst, Slate senior editor
Mark Joseph Stern
Legal analyst, Slate senior correspondent
Elie Mystal
Legal analyst, The Nation justice correspondent
What you can do
1
civic action
Contact senators about Supreme Court confirmation process transparency
If Alito retires, Senate Judiciary Committee will hold confirmation hearings for Trump's nominee. The committee can demand disclosure of the nominee's financial records, judicial philosophy, and potential conflicts of interest. Public pressure during Amy Coney Barrett's 2020 confirmation led to increased scrutiny of dark money funding for judicial advocacy groups.
My name is [name] and I'm calling about potential Supreme Court confirmation hearings. I urge the committee to require full financial disclosure from any nominee, including all sources of income, speaking fees, and gifts. The public deserves to know if nominees received funding from dark money groups with business before the Court. Please hold thorough hearings and allow adequate time for review.
2
civic action
Track Supreme Court ethics reform legislation
The Supreme Court Ethics, Recusal, and Transparency Act would impose binding ethics rules on justices, require recusal when conflicts exist, and mandate financial disclosure. The bill has Democratic support but needs 60 Senate votes to overcome filibuster. A confirmation fight could increase pressure for ethics reform.
I'm calling to urge Senator [name] to support the Supreme Court Ethics, Recusal, and Transparency Act. Supreme Court justices are the only federal judges not bound by ethics rules. Justice Thomas accepted millions in unreported gifts. Justice Alito took luxury vacations from Republican donors with cases before the Court. The public deserves binding ethics standards and financial transparency.
3
civic action
Research Supreme Court reform proposals before confirmation battle
Multiple proposals exist to reform the Supreme Court, including term limits for justices, expanding the Court, and changing confirmation procedures. Understanding these options helps citizens evaluate whether the current system serves democratic accountability. Organizations like Fix the Court track reform proposals and their legislative prospects.
I want to learn about Supreme Court reform proposals including term limits and Court expansion. Can you send me information about current legislative proposals and how they would change the confirmation process?