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Should Alito and Thomas Resign? Midterm Results Put Future Supreme Court Second Amendment Rulings at Risk

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Justices Samuel A. Alito Jr. and Clarence Thomas will not retire immediately after Tuesday Democratic Senate wins leaving Republicans in control only briefly. Mark Smith of Four Boxes Diner urged the 76- and 78-year-old justices to resign now for confirmable replacements before Democrats take the Senate January 3, 2027, blocking Trump nominees and allowing later anti-gun appointments. Named prospects include Ninth Circuit Judge Lawrence Van Dyke, Bloomberg Law’s leading gun-rights advocate, Appeals Court Judge Thomas M. Hardiman described as a Second Amendment extremist by The Washington Post, and Judge Raymond Kethledge credited by National Review for defending Second Amendment rights.

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