There's No Vacancy Just Yet, But Ted Cruz and Mike Lee Are Being Floated as Possible SCOTUS Nominees

While there have been some vague insinuations, there is, as of this writing, no hard evidence that Justice Samuel Alito, or any other sitting Supreme Court justice, intends to retire from the Supreme Court. Justice Alito is one of the Court's constitutional originalists, a conservative stalwart, and we have every reason to wish him a long, healthy career. The same applies to Justice Clarence Thomas, who is an American treasure. But Justice Alito is 76 years old, and Justice Thomas is 77, and at this point in the game, the GOP should be prepared to replace either, or both. Anything can happen between now and any possible future Democrat majority in the Senate, which would mean no solid constitutional originalist justices being appointed.

At least Senate Republicans, with Senate Majority Leader John Thune (R-SD) noting that the Senate GOP has already started leaning forward in that foxhole, should a new appointment be necessary. To that end, two likely appointees are already being floated, and they would both be solid replacements for either serving Justice.

Two possibilities? Senator Ted Cruz (R-TX) and Senator Mike Lee (R-UT). If a seat on the Supreme Court opens, all we can say to either choice is, "Yes, please!"

Senate Majority Leader John Thune said Tuesday that Republicans would quickly fill a Supreme Court vacancy if one opens up before the midterms.
“That’s a contingency I think around here you always have to be prepared for. And if that were to happen, yes, we would be prepared to confirm,” Thune told reporters Tuesday.
Even as Thune committed to filling a vacancy quickly, Senate Republicans haven’t yet started having serious conversations within the conference about the logistics of a confirmation battle, according to three people granted anonymity to speak candidly.
If there’s a vacancy, it’s possible Trump could pick a justice from within the Senate GOP ranks.

President Trump is rumored to favor Senator Cruz for any possible opening.

The president remains very interested in the possibility of placing Sen. Ted Cruz on the court, according to two other people granted anonymity to describe Trump’s thinking. The White House did not respond to a request for comment on the president’s current thinking.

The American Conservative Union gives both Senators high marks, with Senator Cruz having a lifetime rating of 96.67, and Senator Lee with a lifetime rating of 99.07. They don't come a whole lot better than that.

Health Scare: New Report Reveals Justice Alito Was Briefly Hospitalized in March

Senator Chuck Grassley, the current chair of the Senate Judiciary Committee, is said to be ready to recommend either Senator to fill the role.

Grassley, the Judiciary chairman, tells me he'll recommend to Trump that Mike Lee or Ted Cruz replace Samuel Alito, should he retire:

"I hope he doesn't retire ... but if he does retire, I'm going to suggest that either Lee or Cruz be put on the Supreme Court." https://t.co/EdZBZjaVHh
— David Sivak (@DISivak) April 14, 2026

While we should be glad to see these two as the front-running candidates should a vacancy arise on the Supreme Court, and while we hope above all that Justices Thomas and Alito enjoy many, many more healthy, happy years, there's something of a needle to be threaded here. Neither of the men in question is getting any younger. There's no guarantee that the Republicans will hold the Senate in the 2026 midterms, and also no guarantee that they will hold the White House in 2028. Imagine the notion of a President Gavin Newsom appointing Kamala Harris or Alexandria Ocasio-Cortez to the Supreme Court, with a Democratic Senate anxious to confirm either. If that notion doesn't keep you up nights, I don't know what will. To that end, while these public statements are great, it would be prudent for someone to bring this up to Justices Thomas and Alito, gently suggesting retirement, so that President Trump can choose a replacement, with a Senate GOP ready to (we hope) confirm.

Senator Cruz is 55. Senator Lee is 54. Both would be able to serve for as long as thirty years, providing two more solid, conservative voices on a Court that too often is a mixed bag. The alternative doesn't merit consideration. More and more, we are relying on the Supreme Court to stomp the brakes on Democrat excesses. We need to keep a Supreme Court that will keep on doing just that.

Editor's Note: President Trump is leading America into the "Golden Age" as Democrats try desperately to stop it.

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