Iowa Sen. Chuck Grassley is floating Utah Sen. Mike Lee or Texas Sen. Ted Cruz to replace Justice Samuel Alito on the Supreme Court if Alito retires after the court’s term ends in June.
Grassley told Bloomberg Law on Tuesday he hopes Alito doesn’t retire, but if he does, he’ll pitch either Lee or Cruz to President Donald Trump for the Supreme Court.
Speculation that Alito, 76, might be preparing to hang up his robes began in February after observers noted that he had a new book set for publication on October 6, 2026, which is one day after the Supreme Court starts its 2026-27 term.
Lee’s name has surfaced on every Trump Supreme Court shortlist since 2016, but he’s never received the nomination.
- In 2016, Lee was on a shortlist of possible Supreme Court nominees during Trump’s first presidential campaign. His spokesperson quickly shot down the idea.
- When Justice Anthony Kennedy retired in 2018, Trump interviewed Lee about filling the post. However, Trump was reportedly worried Lee would have difficulty winning confirmation in the Senate because of his public opposition to Roe v. Wade. Trump eventually nominated Brett Kavanaugh to replace Kennedy.
- During the 2020 presidential campaign, Lee’s name was again on Trump’s list of potential Supreme Court justices.
Last summer, Lee was again in the mix as the Trump administration gamed out retirements by Alito or Justice Clarence Thomas.
If Trump taps Lee to fill Alito’s seat, confirmation might be an easy ride. Puck recently labeled him the “most despised” Republican senator, quoting a GOP aide who joked a Lee vote would be unanimous because “people want him out of the Senate.”
Lee served as a clerk for Alito twice, once on the U.S. Court of Appeals for the Third Circuit and again after Alito was elevated to the Supreme Court.
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