On Tuesday morning, amidst the release of several consequential Supreme Court rulings, NPR ran a story stating that Justice Samuel Alito had just announced his retirement — but he hadn’t. The news outlet quickly retracted the story, issuing an apology. But according to one DC insider, this minor media incident may have in fact revealed Alito’s impending retirement, which would have major implications for the future of the court and country.
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“Given that the Speaker had a statement ready to go, and that Nina Totenberg is the dean of the SCOTUS press corps, who is a logical recipient of this big retirement story, this looks like an embargo broken to me,” posted Douglas Farrar, Former Director of Public Affairs at the Federal Trade Commission. “I expect we’ll see Alito announce his retirement soon.”
Farrar was referring to three key points. First, the retracted NPR story by Nina Totenberg. Second, the rumor that House Speaker Mike Johnson (R-LA) had sent an email to staff and stakeholders with the subject “Thank you, Justice Alito.” And finally, the concept of a “media embargo,” in which a piece of news is shared with select media outlets with the understanding that it won’t be revealed until an agreed-upon time, allowing journalists to prepare their stories. As Farrar suggests, the NPR story and Johnson email could both be the result of a broken embargo, and Alito’s actual announcement is soon to come.
If that is the case, it means two things. First, and less importantly, Totenberg and someone working in Johnson’s communications team have a lot of explaining to do, and they are unlikely to be trusted with scoops in the future.
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But more importantly, if Alito is in fact leaving, that means President Donald Trump will appoint his replacement — a move he would be eager to press with the midterms looming. If the Republican Party takes the losses that are projected and loses its majority, the Democrats will be significantly better positioned to oppose confirmation of his nominees.
If Alito is indeed retiring, it would represent a strategic move on the part of conservatives, affording Trump the opportunity to select his fourth judge rather than leaving the possibility open to a Democratic successor were Alito to retire or die during a future term. This ensures that Republicans will shape the court for a generation and have a major impact on how the judiciary drives policy for decades to come.
While this certainly represents a threat to the Democratic agenda, interestingly enough, rumors of Alito’s retirement came as the Supreme Court issued a consequential ruling in which three conservative justices — including two appointed by Trump — slapped down the president’s executive order attacking birthright citizenship.
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