Supreme Court Justice Samuel Alito has told people close to him that he does not intend to retire immediately, despite Democrats’ victories in Tuesday’s midterm elections and their expected takeover of the U.S. Senate in January. The decision leaves President Donald Trump without an immediate opening to nominate a successor to the 76-year-old conservative justice while Republicans still control the chamber.

According to Bloomberg News, Alito’s plans have not changed following the Democrats’ sweeping election victories. A person who spoke with the justice said the election outcome did not alter his intention to remain on the Supreme Court when the new Congress takes office. Alito has faced growing speculation about his retirement because of his age and the possibility that Republicans could confirm a replacement before surrendering control of the Senate.

Alito previously addressed the speculation in an interview with Bloomberg in September, saying, “I intend to stick around through this term.” He added that he had made the decision months earlier. The Supreme Court’s current term is scheduled to run through June 2027, meaning Alito has indicated that he plans to remain on the bench at least through that period.

The timing carries significant consequences for Trump’s ability to shape the Supreme Court. Republicans currently hold a 6-3 conservative majority, with Alito among the court’s most consistently conservative justices. If he were to leave the bench while Republicans controlled the Senate, Trump could nominate a successor and potentially secure confirmation before Democrats assume control. Once Democrats take over, they would have the power to block his nominees.

Alito was appointed to the Supreme Court by President George W. Bush in 2006. During his nearly two decades on the court, he has authored several consequential opinions, including the 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned the constitutional right to abortion established under Roe v. Wade.

Alito is not the only conservative justice whose retirement has drawn attention. Justice Clarence Thomas, 78, is also a subject of speculation, although there has been no public indication that he intends to step down. Neither justice has announced retirement plans, leaving the court’s current 6-3 ideological balance unchanged for now.