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Is Samuel Alito Preparing to Disrobe?
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/ February 6, 2026

Is Samuel Alito Preparing to Disrobe?

In this installment of Elie v. US, our justice correspondent explores the week’s big legal news, including a possible Alito retirement. Also, the anti-trans mob’s latest target: tight clothing.

Elie Mystal

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Members of the Supreme Court, including John Roberts, Samuel Alito, and Elena Kagan, sit for a group photo.(Jabin Botsford / The Washington Post via Getty Images)

This is a preview of Nation Justice Correspondent Elie Mystal’s new weekly newsletter. Click here to receive this newsletter in your inbox each Friday. 

Supreme Court Justice Samuel Alito has a new book coming out. It’s titled How Watching Fox News Made Me the Worst Version of Myself.

Just kidding, I don’t actually care what it’s called. (Fine. I can Google it for you. It’s called So Ordered: An Originalist’s View of the Constitution, the Court, and the Country.) It’s my job to read such things and… I won’t read his book. They can’t make me. Life is entirely too short.

I bring it up because the book is scheduled to be released October 6, 2026. That’s a curious date. The Supreme Court starts its 2026–27 term on October 5, the first Monday of October. Alito’s book is set to drop the next day.

It sure feels like Alito doesn’t plan on having a real job the Tuesday his book launches and instead thinks he’ll be free to run around the country promoting it. By way of context, here are publication dates for the the last four sitting Supreme Court justices who released books:

Amy Coney Barrett, September 9, 2025
Neil Gorsuch, May 5, 2025
Ketanji Brown Jackson, September 4, 2024

Sonia Sotomayor, January 25, 2022 (a children’s book)

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February 2026 Issue

Sonia Sotomayor, September 3, 2019

It makes sense for the justices to release their books in September. You have all the attention on the upcoming term, but the justices are free to fly around the country, giving talks and doing interviews to promote their books. May also makes sense, because the court is no longer hearing cases then, just writing and editing opinions.

The justices are busy in October. Arguably too busy to sell a book.

The publication date of the book makes me think that Alito is planning to retire at the end of the Supreme Court’s current term, in July. That would give Trump, and the Republicans who still control the Senate, time to appoint and confirm his replacement before the midterm elections.

Alito watches TV. He reads the papers. While the Republicans are still favored to hang on to the Senate, it’s far from certain. Alito turns 76 in April. He’s accomplished most of the evil he set …

Trump’s Oily Attack on Venezuela
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Trump’s Oily Attack on Venezuela

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OppArt Yesterday 8:30 am
Trump’s Oily Attack on Venezuela
Trump’s Oily Attack on Venezuela
The US government is seizing tankers like pirates.

Glen Le Lievre

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February 5, 2026

(Glen Le Lievre).

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From Minneapolis to Venezuela, from Gaza to Washington, DC, this is a time of staggering chaos, cruelty, and violence. 

Unlike other publications that parrot the views of authoritarians, billionaires, and corporations, The Nation publishes stories that hold the powerful to account and center the communities too often denied a voice in the national media—stories like the one you’ve just read.

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Glen Le LievreGlen Le Lievre’s drawings have appeared in Melbourne’s The Age, The Sydney Morning Herald, Mad, Private Eye, Reader’s Digest, The New Yorker, Time, and The Wall Street Journal.

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Trump admin urges Newsom to honor ICE detainers for more than 33K criminal illegal immigrants
This isn't complicated—it's willpower.

The Trump administration's top immigration enforcement officials are urging California Gov. Gavin Newsom not to release more than 33,000 criminal illegal immigrants, some of whom have violent felony convictions, back onto the streets without notifying federal authorities. 
In a letter, Homeland Security Secretary Kristi Noem and Acting U.S. Immigration and Customs Enforcement (ICE) Director Todd Lyons are asking Newsom to honor ICE detainers of 33,179 inmates in California's custody.
NOEM PUTS NEWSOM ON NOTICE, VOWS CALIFORNIA PROBE AFTER MINNESOTA FRAUD BUST
"Governor Newsom and his fellow California sanctuary politicians are releasing murderers, pedophiles, and drug traffickers from their jails back into our neighborhoods and putting American lives at risk," said Lyons. "We are calling on Governor Newsom and his administration to stop this dangerous derangement and commit to honoring the ICE arrest detainers of the more than 33,000 criminal illegal aliens in California’s custody."
"It is common sense. Criminal illegal aliens should not be released from jails back onto our streets to terrorize more innocent Americans," he added. 
All told, the inmates account for 399 homicides, 3,313 assaults, 3,171 burglaries, 1,011 robberies, 8,380 dangerous drugs offenses, 1,984 weapons offenses, and 1,293 sexual predatory offenses," DHS said. 
BORDER OFFICIAL FIRES BACK AT GAVIN NEWSOM'S POLITICAL ‘TANTRUM' OVER IMMIGRATION RAIDS IN LOS ANGELES
Newsom's office referred Fox News Digital to a Friday post on X: "California cooperates with ICE when it comes to REMOVING CRIMINALS — like sick rapists and murderers — in our state prisons."
Since Newsom took office in 2019, the California Department of Corrections and Rehabilitation (CDCR) has coordinated the transfer of more than 12,000 people, including murderers, rapists, and other violent offenders, into ICE custody.
State law currently allows CDCR to notify and coordinate with ICE to take custody of individuals convicted of felony offenses who have served their terms in California’s state prisons.
Newsom has heavily criticized ICE amid the Trump administration's crackdown on illegal immigration. California's sanctuary state law – SB 54 – limits cooperation between state and local law enforcement and federal immigration authorities for illegal immigrants unless they’ve committed certain serious crimes.

Judge’s Ruling Brings More to Springfield Story on TPS for Haitians
This isn't complicated—it's willpower.

Prominent Ohio lawmakers have been reacting swiftly to a last-minute court ruling maintaining Temporary Protected Status for Haitians in the United States.

Springfield, Ohio has been the epicenter of the effort to end TPS for Haitian migrants.

The Ruling and Reactions

On Monday night, Judge Ana Reyes blocked the Trump administration from ending TPS for Haitians, with the decision coming on the eve before the program was to end.

The Trump administration is determined to appeal.

“Supreme Court, here we come. This is lawless activism that we will be vindicated on,” Department of Homeland Security Assistant Secretary Tricia McLaughlin shared. 

“Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades. Temporary means temporary and the final word will not be from an activist judge legislating from the bench,” she added.

Supreme Court, here we come.

This is lawless activism that we will be vindicated on.

Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it…
— Tricia McLaughlin (@TriciaOhio) February 3, 2026

Reyes, a Biden-appointed judge for the U.S. District Court for the District of Columbia had strong words for DHS Secretary Kristi Noem in her conclusion, claiming that the Trump administration is motivated by racism.

When discussing Equal Protection arguments, Reyes pointed to plaintiffs arguing that the decision to end TPS was “motivated, at least in part, by racial animus.” She wrote, “the Court finds that Plaintiffs are likely to succeed on their claim that anti-black and anti-Haitian animus motivated Secretary Noem’s decision to terminate Haiti’s TPS designation.”

The decision was celebrated by Springfield Mayor Rob Rue, a Republican. “This ruling provides clarity and stability for families who are already part of our community. It reflects the reality that many individuals are working, paying taxes, raising families and contributing every day to the life of our City,” he said in a statement shared with The Daily Signal. “Maintaining that stability matters because unnecessary disruption creates uncertainty that serves no one.”

Simon Hankinson, a senior fellow for the Border Security and Immigration Center at The Heritage Foundation, previously spoke to The Daily Signal about the influx of Haitians in Springfield. He acknowledged that Haitians may be employed and paying taxes but also noted that “those taxes are in no way going to make up for the services, free medical care, housing, education, and on and on that they’re taking out of not only the Ohio budget, but also the government budget.”

Where Does Gov. DeWine Stand?

Gov. Mike DeWine, R-Ohio, who has raised concerns about ending TPS, was asked about the ruling on CNN, specifically the claims of “animus” mentioned in Reyes’ ruling.

The governor danced around the issue, offering, “Look, I’m not going to get into what the judge says or the law. The judge is going to …

Chagos handover in limbo after Trump softens on deal, bill pulled from UK Parliament
Every delay has consequences.

A single island in the Indian Ocean is causing a nightmare for government officials on both sides of the Atlantic.

President Donald Trump reversed his position on the United Kingdom’s plan to cede Chagos Islands sovereignty to the country of Mauritius following what he called “very productive discussions” with British Prime Minister Keir Starmer.

Trump said on Thursday that he now understands the U.K. leader’s deal is “the best he could make,” despite having previously called the move “an act of great stupidity.” However, he warned that if the planned handover ever compromises U.S. military operations, he will not hesitate to act in America’s interests.

“If the lease deal, sometime in the future, ever falls apart, or anyone threatens or endangers U.S. operations and forces at our Base, I retain the right to Militarily secure and reinforce the American presence in Diego Garcia,” Trump wrote.

President Donald Trump greets U.K. Prime Minister Keir Starmer during a summit to support ending the more than two-year Israel-Hamas war in Gaza after a breakthrough ceasefire deal, Monday, Oct. 13, 2025, in Sharm el Sheikh, Egypt. (AP Photo/Evan Vucci, Pool)

A spokeswoman for 10 Downing Street affirmed that Trump and Starmer “agreed on the importance of the deal to secure the joint UK–US base on Diego Garcia, which remains vital to shared security interests.”

Bizarrely, a vote on the bill to hand over the islands was pulled from the parliamentary calendar not long before Trump made his Truth Social post — delaying it until Feb. 23 at the earliest.

The Chagos Islands are an archipelago in the Indian Ocean that became a British territory in 1814, along with neighboring Mauritius. They were split from Mauritius in 1965, ahead of Mauritius’s declaration of independence from Britain in 1968.

The largest island in the Chagos archipelago, Diego Garcia, is home to a joint base operated by the United States and the U.K. — a development that forced thousands of Chagossians to be relocated to Mauritius and the U.K.

Mauritius has been litigating the U.K. over the situation for decades, eventually taking the case to the International Court of Justice in 2018.

Since then, the British government has worked tirelessly to carve out a deal that satisfies Mauritius without losing its defensive foothold. The current deal framework would cede sovereignty but lease the Diego Garcia base for 99 years, ban other nations from utilizing nearby islands without British consent, and …

House Republican Mark Amodei announces retirement, says it’s ‘the right time’
Same show, different day.

Mark Amodei, R-Nev., announced Friday he will retire from Congress at the end of his term, saying after 15 years of service, "it is the right time for Nevada and myself to pass the torch."
Amodei said he will complete his current term, which runs through January 2027, and framed the decision as a personal milestone rather than a political one.
"Serving the people of Nevada has been the honor of my lifetime," Amodei said in a statement released via X. "Nobody is prouder of our Nevada Congressional District than me. Thank you for the honor."
Amodei said he entered Congress "to solve problems" and to ensure that "our State and Nation have strong voice in the federal policy and oversight processes," adding, "I look forward to finishing my term."
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The veteran lawmaker represents Nevada’s 2nd Congressional District, which covers the northern half of the state and includes Reno, the district’s largest city. The seat leans Republican and, prior to Friday’s announcement, was rated Solid Republican by the nonpartisan Cook Political Report. 
Nevada’s other three congressional districts are held by Democrats and are considered more competitive.
Amodei has consistently won re-election by wide margins. He defeated his Democrat challenger by 19 points in 2024 and won the 2022 midterm election by 22 points. President Donald Trump carried the district by 14 points in 2024.
On Capitol Hill, Amodei chairs the Homeland Security Appropriations Subcommittee, a role that places him at the center of funding decisions for the Department of Homeland Security (DHS). His retirement announcement comes as DHS faces another looming funding deadline, with current funding set to expire in just over a week.
HOUSE GOP MAJORITY ON THE BRINK AS ALL-DEMOCRAT TEXAS SPECIAL CONGRESSIONAL ELECTION UNDERWAY
Amodei is the latest House Republican to announce plans to leave Congress ahead of the 2026 midterm elections.
In his statement, Amodei did not reference the political landscape or the upcoming election cycle, instead emphasizing gratitude and continuity through the remainder of his term.
"Every achievement worth doing began with listening to Nevadans and fighting for our values," he said. "After 15 years of service, I believe it is the right time for Nevada and myself to pass the torch."
Amodei was first elected to Congress in 2011 and has served continuously since, building a reputation as a reliable conservative vote in the lower House.
His announcement sets the stage for an open-seat …

Appeals court allows Trump to ban DEI in federal government
What's the administration thinking here?

A federal appeals court rejected an effort by the city of Baltimore and others to strike down President Donald Trump‘s executive orders banning diversity, equity, and inclusion programs in the federal government and among federal grants and contracts.

The ruling from the three-judge panel on the U.S Court of Appeals for the Fourth Circuit lifted a lower court’s injunction blocking the orders, finding that the district court erred by finding the orders violated the First and Fifth Amendments. U.S Circuit Judge Albert Diaz, an appointee of former President Barack Obama, issued the majority ruling for the panel.

“The President may determine his policy priorities and instruct his agents to make funding decisions based on them,” Diaz said in Friday’s ruling. “President Trump has decided that equity isn’t a priority in his administration and so has directed his subordinates to terminate funding that supports equity-related projects to the maximum extent allowed by law.”

“Whether that’s sound policy or not isn’t our call. We ask only whether the policy is unconstitutionally vague for funding recipients,” the majority ruling continued.

Diaz also said in an additional concurring opinion that Friday’s ruling in the case was about “a facial challenge to two Executive Orders concerning certain DEI programming, not the legality or termination of any particular DEI program,” adding that he believes there are likely DEI programs and grants that fall within the law.

“For those disappointed by the outcome, I say this: Follow the law. Continue your critical work. Keep the faith. And depend on the Constitution, which remains a beacon amid the tumult,” Diaz said in his concurring opinion.

The executive orders were challenged by Baltimore Mayor Brandon Scott, the city of Baltimore, the National Association of Diversity Officers in Higher Education, and the American Association of University Professors, aiming to curb the Trump administration’s aggressive push against DEI programs.

The coalition could appeal the ruling to the full bench of the Fourth Circuit or to the Supreme Court.

FEDERAL JUDGE TOSSES MISSOURI LAWSUIT OVER STARBUCKS DEI POLICIES

The Trump administration has aimed to eliminate DEI where it can, alleging the programs and policies amount to unlawful discrimination based on race, gender, and other immutable characteristics.

The administration has also attempted to end DEI programs in private companies, with the Equal Employment Opportunity Commission …

Bill Clinton comes out swinging against Comer for rejecting public Epstein hearing: 'Stop playing games'
Are they actually going to vote on something real?

Former president Bill Clinton said on X that he has shared what he knows about the crimes of disgraced financier Jeffrey Epstein in a sworn statement shared with the House Oversight Committee, which both Bill and Hillary Clinton have agreed to testify in front of under subpoena pressure.  
"I have called for the full release of the Epstein files. I have provided a sworn statement of what I know," the former president said on X, formerly Twitter, Friday afternoon. "And just this week, I’ve agreed to appear in person before the committee. But it’s still not enough for Republicans on the House Oversight Committee."
In the wake of news that the Clintons would comply with House Republicans' subpoenas to testify, after concerns they would not and threats of contempt, Republicans accused the Clintons of "requesting special treatment."
LAWMAKERS ESCALATE EPSTEIN PROBE WITH POSSIBLE BILL GATES SUBPOENA
After the Clinton's attorneys sent the House Oversight Committee a letter indicating they would comply and testify under certain conditions, Democrat Ranking Member of the committee, Robert Garcia, said the letter amounted to full compliance with the committee’s demands.
However, House Oversight Committee Chairman James Comer disputed the characterization, telling Fox News Digital the agreement lacked specificity.  
"The Clintons’ counsel has said they agree to terms, but those terms lack clarity yet again, and they have provided no dates for their depositions," Comer said. "The only reason they have said they agree to terms is because the House has moved forward with contempt. I will clarify the terms they are agreeing to and then discuss next steps with my committee members."
The Clintons' change of heart led the House to temporarily pause proceedings on holding them in contempt on Monday night. 
Democrats on the committee have pointed out that Comer has not pushed to hold others who did not appear in contempt, nor has he made any threats against the DOJ for failing to produce all of its documents on Epstein by a deadline agreed to by Congress late last year. The department has produced a fraction of the documents expected so far.
"Now, Chairman Comer says he wants cameras, but only behind closed doors. Who benefits from this arrangement? It’s not Epstein’s victims, who deserve justice," Clinton said in his X post on Friday afternoon. "Not the public, who deserve the truth. It serves only partisan interests. This is not fact-finding, it’s pure politics."
"Now, Chairman Comer says he wants cameras, but only behind closed doors," he continued. "Who benefits from …

DOJ says it owes deported Venezuelans no due process, dares courts to intervene
This looks less like justice and more like strategy.

The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
It's a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration's crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them. 
A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts. 
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could "facilitate" due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.
The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm "critical" foreign policy negotiations with Venezuela and carry "profound" national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)
DOJ lawyers also rejected the notion of conducting the proceedings overseas, including at the U.S. embassy in Venezuela, citing the U.S. capture and arrest of Maduro and his wife. 
The U.S., they said, lacks custody to conduct the habeas proceedings on foreign soil and doing so would risk "injecting an …

Democrats silent on past rhetoric toward Trump Cabinet member after foiled assassination plot
Equal justice apparently isn't equal anymore.

Democrats evaded questions on Friday about whether there could be a link between their past heated rhetoric towards Office of Management and Budget (OMB) Director Russ Vought and news that a man had been charged with attempting to kill him.
Authorities arrested Colin Demarco, 26, for arriving at Vought’s residence with a firearm after stating an intent to murder him last year.
The offices of Sen. Chuck Schumer, D-N.Y., Alexandria Ocasio-Cortez, D-N.Y., Sen. Elizabeth Warren, D-Mass., Rep. Rosa DeLauro, D-Conn., and other high-ranking Democrats who have described Vought as a threat to the country did not respond to inquiries from Fox News Digital.
‘TRANSGENDER ANTIFA’ EXTREMIST CHARGED WITH ATTEMPTED MURDER AFTER SKATING ON DEATH THREAT, REP. MACE SAYS
One Democrat, Rep. Brendan Boyle, D-Pa., did not address the questions about rhetoric but reacted to the arrest.
"I am deeply alarmed by the news that a man allegedly planned to murder OMB Director Vought. I am relieved the suspect was caught before any violence occurred," Boyle said in a statement.
"Political violence is unacceptable and represents an attack not only on an individual but on our democracy itself. There is no place for political violence in the United States of America."
However, in the past, many Democrats — including Boyle — have characterized Vought as a threat to the country.
GUNFIRE, ARSON AND VANDALISM: TRACKING POLITICAL VIOLENCE IN AMERICA
"Make no mistake — his nomination is as dangerous as it gets. His views aren’t just extreme; they are a direct threat to our democracy, the rule of law and the basic principles of our government," Boyle said last year when Trump announced Vought as the pick to lead OMB.
Similarly, Schumer called Vought "a danger to working people, a danger to America’s beliefs and ideals" in a speech delivered on the Senate floor.
According to authorities, Demarco approached Vought’s residence in Arlington, Va., on Aug. 10 while wearing a surgical mask and rubber gloves, carrying a backpack and concealing a weapon under his shirt.
Authorities arrived on the scene in time to deter Demarco’s alleged plans.
SCHUMER, JEFFRIES ACCUSE TRUMP OF CALLING FOR 'EXECUTION OF ELECTED OFFICIALS'
Police said a search of Demarco's communications revealed he expressed intent to kill his target in online messages.
Demarco faces four charges: attempted murder, criminal solicitation to commit murder, wearing a mask in public to conceal identity and carrying a concealed weapon.
LIBERAL OUTLETS CRITICIZE TRUMP OFFICIALS RELOCATING TO MILITARY HOUSING AFTER THREATS, HARASSMENT
Vought, …