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indivisible
Watchdog Warns of Trump Plot to Push Alito, Thomas Off Supreme Court While GOP Still Controls Senate
"NPR’s reporting that Justice Alito is retiring was early. But it wasn’t wrong."
Jul 01, 2026
Following a series of major US Supreme Court decisions, NPR retracted an erroneous report on Tuesday that conservative Justice Samuel Alito was planning to retire.
But while that report turned out to be false, a progressive legal action group is warning that it pointed to something potentially very real: That President Donald Trump could try to push aging right-wing justices like 76-year-old Alito, as well as 78-year-old Justice Clarence Thomas, to retire early so he can replace them with young judges who can cement a right-wing majority for decades.
"NPR’s reporting that Justice Alito is retiring was early. But it wasn’t wrong," said Josh Orton, the president of Demand Justice, and Ezra Levin, the co-executive director of Indivisible, in a statement on Wednesday. "We know that Donald Trump will do whatever he can to hold onto power, and we are prepared for him trying to force Alito, Thomas, or both off the bench this year, while Republicans still control the Senate and can ram through a replacement."
It's not an unfounded fear. It's something Trump has discussed openly.
In April, the president told Fox Business interviewer Maria Bartiromo that he was "prepared" to appoint as many as three justices before his term is up—perhaps alluding to the possibility that the liberal 72-year-old Justice Sonia Sotomayor could die before the next president is inaugurated or that the 71-year-old conservative Chief Justice John Roberts could retire.
"In theory, it's two—you just read the statistics—it could be two, could be three, could be one," Trump said. "I don't know. I'm prepared to do it."
He called Alito—who authored major decisions to gut abortion rights, allow religious businesses to deny contraceptive coverage to employees, and kneecap public sector unions—"one of the great justices of all time," but added, "It’d be nice to say, now I have somebody for 40 years.”
He also invoked the late Justice Ruth Bader Ginsburg, whom he said “really hurt herself within the Democrat Party" by refusing to retire when Barack Obama was president. After Ginsburg's death in 2020, Trump replaced her with Justice Amy Coney Barrett, who expanded the court's conservative majority to 6-3.
Trump was asked about possible Supreme Court vacancies again in an interview with Breitbart News on Wednesday after NPR jumped the gun on Alito's retirement. The president suggested he was torn.
“Well I think you know, if you listen to people, there are three potential vacancies for various reasons, so I’m certainly prepared,” he said. “There are a lot of great people out there who would like to have that position.”
While he praised Alito, describing himself as the justice's "single biggest fan," he reiterated that putting “a young conservative judge on the bench for 40 years” is a “very important thing." He said that the idea of replacing either Alito or Thomas was a "mixed blessing."
Rumblings of a concerted push for both Alito and Thomas to pack up can be traced back to 2024, when The Washington Post reported that Trump adviser Mike Davis was championing the idea in conservative legal circles.
But neither man has indicated plans to retire at this moment. And if Thomas, who has sat on the bench since 1991, were to retire before the next Congress is sworn in, he'd be stopping less than two years shy of eclipsing William O. Douglas to become the longest-serving Supreme Court justice.
Demand Justice, however, is betting on long-term political power winning the day. The group said it has invested $3 million "to prepare for a 2026 Supreme Court fight."
This will include pressuring Republican senators to reject Trump's pick—particularly those like Sens. Mitch McConnell (Ky.) and Thom Tillis (NC) who are retiring at the end of this term, Sens. John Cornyn (Texas) and Bill Cassidy (La.) who lost their primaries, and Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska), who have (at least rhetorically) broken with Trump more frequently than their GOP colleagues.
Orton and Levin said that "Trump will choose his nominee for one reason: loyalty." They said he'd likely pick somebody who'd validate even his most lawless actions even more than the current justices do—including supporting his efforts to overturn an election result, which the court rejected in 2020.
"We’ll be ready to expose them," Orton and Levin said. "And we’ll be ready to fight."
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John Fetterman Under Fire for Letting Nomination of ‘Crony Trump Judge’ Advance
"At a time when Trump is corrupting the courts with crony judges who will rig our economy and attack our rights and freedoms for decades, Democrats cannot afford to treat these nominations like business as usual."
Jun 05, 2026
Democratic Sen. John Fetterman is coming under fire from progressives for allowing one of President Donald Trump’s judicial nominees from his home state of Pennsylvania to advance to a confirmation hearing.
As reported by Punchbowl News, Fetterman (D-Pa.) this week waived his right to block the nomination of former federal prosecutor Antonio Pozos for a lifetime appointment in the Eastern District of Pennsylvania. In doing this, Fetterman became the first Democratic senator to waive this right during Trump's second term.
Under the Senate's "blue slip courtesy" tradition, senators can opt not to return a blue slip—named for the color of the paper form—to the Judiciary Committee for a particular judicial nominee from their home state, if they don't believe the nomination should advance. A spokesperson for Fetterman confirmed he had turned in a blue slip for Pozos on Friday.
This drew the ire of Demand Justice, which vowed on Friday to take out a six-figure ad campaign against the Pennsylvania Democrat for letting a "crony Trump judge" move toward confirmation.
"At a time when Trump is corrupting the courts with crony judges who will rig our economy and attack our rights and freedoms for decades," the group said, "Democrats cannot afford to treat these nominations like business as usual."
In an interview with Punchbowl News, Demand Justice president Josh Orton called on all Democrats, not just Fetterman, "to stand up to Trump’s attacks on the rule of law," imploring them to "do so in every room—not just on Twitter and not just on TV."
Demand Justice has argued that all of Trump's judicial nominees have refused to contradict the president's false claim that he won the 2020 election or to denounce the January 6 attack on the US Capitol, and has called on Democrats to block everyone he's nominated to the federal bench.
Progressive organizing group Indivisible also criticized Fetterman for enabling Pozos' nomination to go through, while hinting at a future primary challenger for the first-term senator should he run for re-election in 2028.
"Alleged Democrat John Fetterman has decided to let one of Trump’s judicial nominees move forward for a lifetime appointment," wrote Indivisible. "Fetterman’s betrayal of his voters and everything he claimed to campaign for is why he will be a one-term senator."
Fetterman in 2025 tied with Sen. Jeanne Shaheen (D-NH) as the Senate Democrat who voted for the most Trump Cabinet nominations. Data published by VoteHub in February showed that Fetterman has voted on legislation with Trump more than any Democratic senator.
He is also the only Democrat in the Senate to consistently oppose war powers resolutions aimed at ending Trump's illegal war of choice with Iran.
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'No Kings!' 8 Million Rally Against Trump in Largest Single-Day Protest in US History
In San Francisco, thousands of anti-Trump activists gathered on a local beach to form a human sign that read, "Trump must go now! No ICE, no wars, no lies, no kings."
Mar 28, 2026
Millions of American across all 50 states on Saturday rallied against President Donald Trump and his authoritarian agenda during nationwide No Kings protests.
The flagship No Kings rally in Saint Paul, which organizers Indivisible estimated drew over 200,000 demonstrators, featured speeches from Minnesota Gov. Tim Walz and US Sen. Bernie Sanders (I-Vt.), Rep. Ilhan Omar (D-Minn.), and actress Jane Fonda, as well as a special performance from rock icon Bruce Springsteen, who performed "Streets of Minneapolis," a song he wrote in tribute of slain protesters Renee Good and Alex Pretti.
Organizers called it "the largest single-day nationwide demonstrations in US history," with an estimate 8 million people coming out for events in communities and cities nationwide.
From major cities to rural towns that have never seen mobilizations like this before, protesters made clear that in America, we don’t do kings," the No Kings coalition said in a statement.
"This is what it looks like when a movement grows—not just in size, but in reach, in courage, and in more people who see themselves as part of this movement," the organizers said. "The American people are fed up with this administration’s power grabs, an illegal war that Congress and the public haven’t approved, and the continued attempts to stifle our freedoms. We’re not waiting for change; we’re making it."
The rally in Minneapolis was one of more than 3,300 No Kings events across the US and internationally, and aerial video footage showed massive crowds gathered for demonstrations in cities including Washington, DC, New York City, Boston, Philadelphia, Chicago, and San Diego.
Congratulations to all Americans who dared to take to the streets today and publicly expressed their stance and disagreement with the actions and policies of their president. #WeSayNoKings 👍👍👍 pic.twitter.com/f3UDpmsj3m
— Dominik Hasek (@hasek_dominik) March 28, 2026
In San Francisco, thousands of anti-Trump activists gathered on a local beach to form a human sign that read, "Trump must go now! No ICE, no wars, no lies, no kings."
WOW! Protesters in San Francisco, CA formed a MASSIVE human sign on Ocean Beach reading “Trump Must Go Now!” for No Kings Day (Video: Ryan Curry / S.F. Chronicle) pic.twitter.com/ItF7c7gvke
— Marco Foster (@MarcoFoster_) March 28, 2026
However, No Kings rallies weren't just held in major US cities. In a series of social media posts, Indivisible co-founder Leah Greenberg collected photos and videos of No Kings events in communities including Arvada, Colorado, Madison, New Jersey, and St. Augustine, Florida, as well as international No Kings events held in London and Madrid.
Attendance estimates for Saturday's No Kings protests were not available as of this writing. Polling analyst G. Elliott Morris estimated that the previous No Kings event, held in October, drew at least 5 million people nationwide, making it likely “the largest single-day political protest ever.”
This article has been updated to reflect that the flagship rally was held in Saint Paul, Minnesota.
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