US_ Justice Alito is waiting on one 30-year-old case before he calls it quits (Alex Swoyer - THE WASHINGTON TIMES)

THE WASHINGTON TIMES

Justice Alito is waiting on one 30-year-old case before he calls it quits

Associate Justice Samuel Alito sits during a group photo at the Supreme Court in Washington, April 23, 2021. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years — a decision by its … more >

By Alex Swoyer - The Washington Times - Friday, June 5, 2026

Justice Samuel A. Alito Jr. won’t retire until the Supreme Court overturns a roughly 30-year-old religious liberty precedent.

So says Mollie Hemingway, author of the recently released biography “Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution” (Basic Liberty). Ms. Hemingway, editor-in-chief of The Federalist online magazine, recently held a Q&A in Arlington, Virginia, where she offered her prediction.

“I am just going to speculate here: I personally believe, if you study his jurisprudence going back to when he was a federal judge, he cares deeply about Employment Division v. Smith,” the conservative columnist and commentator said.

“You see Alito on the 3rd Circuit working around Employment Division v Smith,” she said, recalling when the conservative justice was a circuit court judge in the 1990s before being sworn onto the Supreme Court in 2006.

In Employment Division v. Smith, the Supreme Court ruled that a state can deny employment benefits to someone who had used illegal drugs. The issue was that an American Indian worker had used peyote as part of a religious exercise and claimed that denying him benefits ran afoul of the First Amendment.

SEE ALSO: Seen, Heard & Whispered: Justice Alito’s biography; Crowley reflects on royals; ‘Dangerous Laughter’


“I do not see him leaving the court until that’s done, but that is me speculating,” Ms. Hemingway said of Justice Alito.

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READ MORE: https://www.washingtontimes.com/news/2026/jun/5/justice-samuel-alito-waiting-one-30-year-old-case-calls-quits/

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