In a previously undisclosed incident, conservative Supreme Court Justice Samuel Alito was secretly rushed to hospital last month, sparking renewed concerns among liberal groups about the future composition of the nation's highest court. The revelation has prompted a preemptive fundraising campaign by the advocacy organisation Demand Justice, which aims to oppose any potential Supreme Court nominations by former President Donald Trump should he return to office.
Secret Hospitalisation of Justice Alito
According to a report by CNN, Justice Samuel Alito, aged 76 and the second oldest member of the Supreme Court, was admitted to a hospital in Philadelphia on March 20 after falling ill during a Federalist Society event. The justice received treatment for dehydration and was discharged the same evening, but the incident remained secret until now. Alito, along with Justice Clarence Thomas who is 77, represents the oldest and most conservative members of the bench, both frequently aligning with Trump's legal perspectives.
Liberal Advocacy Group's Preemptive Campaign
Demand Justice, a liberal group established to counter the presidential agenda, has launched a substantial fundraising initiative to prepare for any Supreme Court vacancies that may arise. The organisation's president, Josh Orton, announced a $3 million campaign on Friday, with plans to potentially expand it to $15 million if vacancies occur. Orton, a former advisor to Kamala Harris and Bernie Sanders, expressed deep concerns that Trump might move to solidify conservative control over the court before his potential second term concludes.
Orton argued that Trump, aware of the current 53–47 Republican majority in the Senate, might act swiftly to appoint loyalists rather than traditional circuit court judges. He specifically mentioned potential nominees like Lindsey Halligan and Alina Habba, both former personal attorneys for Trump, as candidates who fit the loyalist mould. Presidential advisor Will Scharf was also floated as a possible nominee.
Political Implications and Senate Dynamics
All Supreme Court justices require 51 votes in the Senate for confirmation. Democrats are currently favoured by prediction markets to gain control of the Senate in the upcoming midterm elections, which would necessitate flipping four seats. If Democrats succeed, Trump would face significant opposition to any judicial nominations. However, if Republicans maintain control, Trump could have a clearer path to appoint conservative justices.
Orton emphasised the urgency of the situation, stating, 'If you think that Trump is willing to leave two of the three justices he thinks are most loyal on the court in their 80s past when he leaves office, you are not paying attention.' He drew parallels to the case of Justice Ruth Bader Ginsburg, who resisted calls to retire under President Barack Obama and passed away in September 2020, leading to Trump's appointment of Justice Amy Coney Barrett.
Long-Term Consequences for the Supreme Court
Should Justices Thomas and Alito not retire during a potential Trump administration, and if a Democrat wins the presidency in 2028, both justices would be well into their 80s—84 and 82 respectively—by the time a Republican president could nominate their successors. This scenario underscores the high stakes involved in the current political climate.
Orton concluded, 'We are making it clear to people on both sides of the aisle and to independents: who Donald Trump is nominating to the Supreme Court is only looking out for him and not them.' The White House did not respond to requests for comment on these developments.
