Trump Says He's 'Prepared' to Appoint Up to Three Supreme Court Justices
In a Fox Business interview, Trump acknowledged Alito could retire and said he has nominees ready. Alito was secretly hospitalized for dehydration last month, fueling speculation about his future on the bench.
President Trump told Fox Business host Maria Bartiromo on April 15 that he is ready to fill as many as three Supreme Court vacancies if they arise.
"In theory, it's two -- you just read the statistics -- it could be two, could be three, could be one. It's possible. I don't know. I'm prepared to do it."
The statement comes as retirement speculation around Justice Samuel Alito, 76, has reached its highest pitch since he joined the court in 2006.
Alito's Health Scare
The speculation was fueled by a previously undisclosed hospitalization. On March 20, Alito fell ill during a Federalist Society dinner in Philadelphia held in his honor at the University of Pennsylvania Law School. The Supreme Court's Public Information Officer Patricia McCabe confirmed he was treated for dehydration after his security detail recommended he see a physician before the three-hour drive home.
The incident was not publicly disclosed at the time. CNN first reported Alito's hospitalization on April 3, two weeks later. McCabe said Alito was "thoroughly checked by his own physician" and returned to the bench the following Monday.
A source close to Alito told reporters the justice "is not stepping down this term" and is hiring clerks for the next term.
Why the Urgency
The political calendar explains the pressure. Republicans hold 53 Senate seats, but the 2026 midterms put that majority at risk. If Democrats gain seats in November, confirming a conservative justice becomes harder or impossible. Alito and Thomas -- at 76 and 77, the court's two oldest members -- face the same calculus that led Justice Anthony Kennedy to retire in 2018: step down while a friendly president and Senate can confirm your successor, or risk being replaced by an ideological opposite.
Trump praised Alito during the interview: "Justice Alito is an unbelievable justice, and a brilliant justice, and he gets the country. He does what's right for the country."
The Shortlist
Trump did not name specific candidates, but said he has a list prepared. Names circulating in conservative legal circles include:
- James Ho, 5th Circuit Court of Appeals -- backed by Senators Cruz and Hawley
- Aileen Cannon, Southern District of Florida -- the judge who dismissed the classified documents case against Trump. Described as "absolutely on the short list" by allies, though a district court judge being elevated to SCOTUS would break decades of precedent
- Andrew Oldham, 5th Circuit -- former Alito clerk, age 46
- Kevin Newsom, 11th Circuit -- age 52
- Neomi Rao, D.C. Circuit -- age 51
Senate Judiciary Chairman Chuck Grassley recommended Senators Ted Cruz and Mike Lee as candidates. Both declined interest.
The Third Seat
Trump's mention of a possible third vacancy raised eyebrows. Beyond Alito and Thomas, the only other justices over 65 are Sonia Sotomayor (71) and Chief Justice John Roberts (71). A Sotomayor retirement under Trump would flip a liberal seat -- but she has given no indication of stepping down. Roberts, appointed by George W. Bush, has been a swing vote on key cases and would also have no obvious incentive to retire under the current administration.
The more likely reading: Trump was leaving room for the unexpected, or signaling that he considers even unlikely scenarios part of his mandate.
What Comes Next
No vacancy has been announced. The court's current term runs through late June, with major cases on birthright citizenship, transgender rights, and the scope of tariff authority still pending. If Alito were to retire, the conventional window would be at the end of the current term.
Trump has already appointed three justices to the Supreme Court: Neil Gorsuch (2017), Brett Kavanaugh (2018), and Amy Coney Barrett (2020). A fourth appointment would give him the most Supreme Court picks of any president since Richard Nixon, who appointed four justices in his first term alone.