Alito and Thomas Will Not Retire This Year, Closing Trump’s Window for a Fourth Court Pick The Supreme Court will remain without a ninth member, Anthony Kennedy, who has been retired since 2018. The vacancy was filled by Neil Gorsuch, a justice nominated by President Donald Trump. Kennedy, who retired in 2018, was the court’s longest-serving member, and his replacement by Gorsuch was a major victory for the conservative bloc that has dominated the high court since then.