A right-wing Supreme Court justice's new book fueled speculation Friday that he is preparing to "disrobe."Justice Samuel Alito's new book, "So Ordered: An OriginalistA right-wing Supreme Court justice's new book fueled speculation Friday that he is preparing to "disrobe."Justice Samuel Alito's new book, "So Ordered: An Originalist

Supreme Court justice's 'curious' book timing fuels retirement rumors: 'Giant tell'

2026/02/07 07:51
2 min read

A right-wing Supreme Court justice's new book fueled speculation Friday that he is preparing to "disrobe."

Justice Samuel Alito's new book, "So Ordered: An Originalist's View of the Constitution, the Court, and the Country," hits shelves in October, just a day after the Supreme Court's term officially kicks off on Oct. 5.

The timing sparked speculation for former litigator Elie Mystal, who questioned in The Nation why a sitting justice would release a book during the court's busiest season.

"That’s a curious date," he noted, calling the date a "giant tell."

Mystal added: "It sure feels like Alito doesn’t plan on having a real job the Tuesday his book launches and instead thinks he’ll be free to run around the country promoting it."

He noted that other justices, Amy Coney Barrett, Neil Gorsuch, and Ketanji Brown Jackson, strategically dropped their books in September or May, when they could actually promote them without juggling oral arguments and case decisions.

"The justices are busy in October. Arguably too busy to sell a book," wrote Mystal. "The publication date of the book makes me think that Alito is planning to retire at the end of the Supreme Court’s current term, in July. That would give Trump, and the Republicans who still control the Senate, time to appoint and confirm his replacement before the midterm elections."

With Republican poll numbers tanking by the day, there's no guarantees they'll hold the Senate after the midterms, however. Alito, who turns 76 in April, might be playing it safe.

"He’s accomplished most of the evil he set out to do, including overturning Roe v. Wade. With Republican poll numbers flagging, I don’t think he wants to roll the dice and be forced to hang around on the court should Republicans lose the Senate this fall," Mystal surmised.

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