Supreme Court Justice Samuel Alito was hospitalized on March 20 after falling ill at a Federalist Society dinner in his honor in Philadelphia, the court confirmed Friday in a previously undisclosed medical incident that has renewed focus on the 76-year-old conservative’s potential retirement plans.
Supreme Court Justice Samuel Alito was treated for dehydration at a hospital after a previously undisclosed March 20 incident in Philadelphia, sources told Fox News. He was not admitted and returned home the same night without complications.
Supreme Court spokeswoman Patricia McCabe confirmed Alito’s visit following CNN’s exclusive report.
“Out of an abundance of caution, he agreed with his security detail’s recommendation to see a physician before the three-hour drive home,” spokeswoman Patricia McCabe said. “After that examination and the administration of fluids for dehydration, he returned home that night, as previously planned. Justice Alito was thoroughly checked by his own physician, and he returned to work the following Monday for oral argument.”
The incident occurred after Alito, 76, attended a Federalist Society dinner that evening and reported feeling lightheaded, prompting his security detail to recommend a precautionary hospital visit, sources said.
On March 20, Alito became ill at a dinner held after a Federalist Society symposium in his honor at the University of Pennsylvania law school. He was taken by his security detail to an area hospital.
Two sources who were at the dinner said the justice has had no issues since.
One source said there was no drama and that Alito did not faint.
The hospitalization comes as Alito, who turned 76 on Wednesday and has served as a justice for 20 years, has become the subject of widespread speculation from commentators across the ideological spectrum and the news media over whether he might retire. (He has refused to answer journalists’ questions on the subject.)
Close friends of Alito have told CNN that he has contemplated retirement, but that no decision seems imminent.
If Alito were to decide to step down, the opening would offer President Donald Trump a fourth appointment to the nine-member bench. Trump named three justices with lifetime tenure in his first term.
Legal observers have pointed to several factors fueling retirement speculation. “That is usually a very good milestone on which to retire,” Melissa Murray, a law professor at New York University, said on the latest episode of the podcast Strict Scrutiny that she co-hosts. And if Alito wants to step down while Republicans control the Senate, he may not want to gamble on this year’s midterm elections.
Republicans are expected to have a much easier time retaining the Senate than the House, but a loss can’t be ruled out. That would make it difficult for Trump to confirm a successor.
Adding intrigue to the retirement speculation is He has hit 20 years of service and will turn 76 in April, milestones some view as possible resignation markers. Additionally, He has a book, titled So Ordered, being released in October, focused on his “originalist” view of the Constitution — timing that has divided court watchers over whether it signals an exit strategy or continued engagement.
“Book buyers are much more interested in what a current justice has to say, as opposed to a retired one,” Lat wrote on Substack. “I could see Justice Alito not wanting to step down until well after publication.”
The March 20 incident highlights the high stakes surrounding Alito’s health and future plans. That morning, the Supreme Court was in session to hand down opinions. Alito, who was not on the bench with his eight colleagues, was scheduled to drive with his security detail to Philadelphia.
The event, “An Examination of the Jurisprudence of Samuel Alito,” featured several of his former law clerks, law professors and attorneys who practice before the high court. The program was closed to the news media but available through a livestream. Alito was not on the schedule, and he did not appear at the day-long symposium.
Since the incident, Alito has attended oral arguments and appeared healthy during the usual give-and-take with lawyers at the lectern. Most notably, During Wednesday’s oral arguments over birthright citizenship, Alito expressed more receptiveness than his colleagues to Trump’s attempt to end the longstanding constitutional principle that anyone born in the US is an American citizen.
The political implications of any potential Alito retirement would be enormous. Only three presidents since the 1950s – Dwight Eisenhower, Richard Nixon and Ronald Reagan – got to fill more Supreme Court openings. If Alito does step down, Trump would have the chance to appoint a much-younger justice who could help maintain the court’s