Justice Samuel Alito reportedly has no intention of leaving the Supreme Court immediately, even after Democrats won control of the Senate this week. That decision would deny President Donald Trump an opening to install another justice before the new Democratic majority is fully seated in January.

Trump has already appointed three Supreme Court justices, though he has lashed out at them for failing to side with him in every case. For now, reports suggest he will have to settle for keeping two of his favorite justices on the bench rather than naming another one.

The New York Times reported Wednesday that Alito has discussed his plans with people close to him. Citing two unnamed sources, the newspaper said Alito “told people close to him that he does not intend to retire immediately from the Supreme Court, despite Democrats’ commanding win in Senate contests on Tuesday.”

An immediate retirement could have given Trump an opportunity to nominate a successor while Republicans still control the Senate. The outgoing GOP controlled Senate could then have tried to confirm that nominee during the lame duck period before Democrats take charge.

Bloomberg News had reported before the election that Alito said during an interview that he would not step down even if Democrats captured the Senate. Bloomberg also confirmed the Times report on Wednesday, citing an unnamed source.

CBS News reported that neither Alito nor Justice Clarence Thomas, the court’s other senior most member, is planning to retire. MS NOW has not independently verified the reports, though the outlet said they are consistent with signals both justices have been sending.

Alito was appointed by President George W. Bush and has served on the Supreme Court for two decades. Thomas joined the court earlier, after being appointed by President George H.W. Bush in 1991.

Both justices are in their late 70s, an age the source described as not terribly old by Supreme Court standards. Thomas is slightly older and has served far longer, but public speculation about Alito potentially retiring has been more intense this year.

If Thomas remains on the court through May 2028, he will become the longest serving justice ever. A 1993 Times report said Thomas had declared early in his tenure that he wanted to remain until 2034.

According to a law clerk’s reported recollection, Thomas explained his desired timetable bluntly: “The liberals made my life miserable for 43 years, and I’m going to make their lives miserable for 43 years.” That reported remark still captures the political stakes around any possible retirement.

Thomas and Alito may need to remain on the court until 2034 if they want to ensure that a Republican president and Republican Senate can confirm their replacements. Both men would be in their 80s by then, leaving the timing of any departure as a lingering question.

President Joe Biden made one Supreme Court appointment, naming Ketanji Brown Jackson after Justice Stephen Breyer retired at 83. Breyer, who had been appointed by President Bill Clinton, faced pressure from the left to step aside while Democrats could replace him.

That pressure reflected what happened after Justice Ruth Bader Ginsburg died at 87 in September 2020. Her death allowed Trump to appoint his third justice during his first term, a scenario Democrats had pushed Breyer to avoid repeating.

As far as is publicly known, Thomas and Alito are not battling serious health issues like Ginsburg did. They may look at Breyer, who remains active after leaving the court, and conclude that he departed earlier than necessary.

Whether either justice eventually remains long enough to be replaced by a Republican president and Senate is likely to stay unresolved for years. In the meantime, Trump appears set to keep his two favorite justices while getting no immediate chance to appoint a fourth.