Justice Clarence Thomas will likely resign from his Supreme Court position if Donald Trump is elected president, according to legal experts.

Anthony V. Alfieri, a law professor at the University of Miami, said Newsweek that Thomas – who was appointed to the court in 1991 after being nominated by Republican President George HW Bush – would resign to allow Trump to nominate a younger conservative justice.

“In the event that former President Trump is re-elected in November, both Judge Thomas' age and his presumed commitment to preserving his 34-year legacy… increase the likelihood that he will not simply resign to pursue other interests such as teaching.” or traveling” and giving lectures, but also to avoid the glare of the ongoing criticism and scrutiny of his behavior in and out of court.

Thomas, 76, has given no clear indication of whether he will step down. He recently came under fire for accepting luxury trips financed by billionaire Harlan Crow and other donors, and even faced calls for his impeachment.

In April, The Washington Post reported that the average retirement age from the Supreme Court between 1971 and 2006 was 78.7 years. However, it was noted that Justice John Paul Stevens retired in 2010 at the age of 90.

The average tenure of all U.S. Supreme Court justices is about 15 years, the newspaper said — although terms have become significantly longer in recent decades. “Since 1970, the average tenure of a judge has been nearly 28 years.” The post reported.

Stephen Gillers, a law professor at New York University, said Newsweek that Thomas would not resign until he was sure a conservative would replace him.

“Thomas will not resign unless Trump is in the White House and Republicans control the Senate. Even then, he might prefer to stay because we know his position comes with a great deal of free and luxurious 'personal hospitality,'” he said.

Gillers believed Republican donors could prepare a retirement package for Thomas, such is the importance of his retirement.

“Others could financially encourage Thomas to resign in order to find a conservative successor who can then remain in office for the next 40 years,” he said.

Gillers added that Thomas and Justice Samuel Alito, 74, may only have a two-year retirement period if Trump is elected because Democrats – if they lose the Senate in 2024 – could win it back in 2026 and refuse to be a conservative Supreme Court to accept appointment.

He said: “If Democrats lose control of the Senate but then regain control in 2026, no Trump nominee will be confirmed.”

“No one can predict who will be the next president in 2028 or which party will have a Senate majority after 2026.”

“From the perspective of those who want to keep the court conservative, Thomas and Alito should resign before the summer of 2026 if Republicans win the White House and Senate on Election Day.”

Gillers believed Republicans wanted to avoid a Ruth Bader Ginsburg scenario.

Ginsburg, a Supreme Court justice nominated by Democratic President Bill Clinton in 1993, rejected Democratic Party requests for his resignation during the eight years of Barack Obama's presidency, which ended in 2017.

In September 2020, Ginsburg died at age 87, less than two months before a presidential election — allowing Obama's Republican successor to nominate her successor to the court.

Gillers believed that if Trump is elected, “a major effort will be made” to persuade Thomas and Alito to resign.

“Ultimately, neither wants to be remembered as a justice who 'damaged the cause' by serving too long, the way Ruth Ginsburg is sometimes remembered,” he said.

Newsweek contacted the Trump campaign and the offices of Thomas and Alito for comment on Thursday.

In 2023, investigative news site ProPublica claimed that Thomas threatened to resign in the 2000s if he didn't get a raise.

Secret documents showed that Republican lawmakers wanted to introduce an increase in the Supreme Court's salary to discourage him from resigning, the report said.

The law didn't pass, but soon after, Thomas received vacations and other gifts from wealthy Republican donors, the outlet reported.

Thomas is just a few years away from becoming the longest-serving Supreme Court justice, a record held by Justice William O. Douglas.

Douglas served for more than 36 years, from 1939 to 1975. If Vice President Kamala Harris, the Democratic presidential nominee, wins the 2024 election and Thomas decides not to resign during her term, he would end up breaking Douglas' record for his first term.