How many Supreme Court justices will the President confirm?
Independent assessment: I assign a 38% chance that the next President will confirm exactly one Supreme Court justice during the 2025–2029 term — lower than the market's 60% for '1'. I view 2 confirmations as the single most plausible count after accounting for baseline retirement/death risk and political dynamics.
Analysis
**Stage 1 — Blind analysis (ignore market prices):**
Without contemporary, justice-specific health/age disclosures or election/Senate-control data, the assessment must rest on structural priors and historical patterns. Over a four-year presidential term, the expected number of Supreme Court vacancies is non-zero and historically variable: some presidents get zero, others get multiple. Key drivers are justice ages/health, random mortality risk, and political incentives to time retirements when the presidency and Senate are friendly.
Balancing those inputs: a reasonable structural prior for a four-year window is that 1 or 2 vacancies are the most likely outcomes, with 0 and 3+ less likely but not negligible. The *most probable single-count* is not overwhelmingly dominant because the tail risks (an unexpected death or cluster of retirements) push probability mass into 2 and 3. Given this, my blind (pre-market) probability for exactly one confirmation is 38% — reflecting that one vacancy is plausibly the modal single outcome but not a majority slam-dunk.
Key blind-analysis considerations (distinct from market signals): - Demography: Several justices are in ages where retirements are plausible during any four-year window, but absent specific ages/health we treat each justice’s risk as modestly elevated rather than imminent. - Politics: If the President and Senate are ideologically aligned, justices close to retirement age are more likely to step down, increasing the chance of at least one (or multiple) confirmations. If they are misaligned, some justices may delay retirement, reducing confirmations. - Random shocks: Deaths or sudden health crises can produce more than one vacancy; the historical distribution has a long-ish upper tail. - Strategic clustering: Retirements sometimes cluster (pre-announced coordinated retirements are rare but possible), which increases probability of 2+ confirmations versus exactly one.
Putting those together yields a distribution concentrated around 1–2, with 1 at ~38%, 2 at ~30%, 3 at ~14%, 0 at ~12%, and 4 at ~6% (see outcome_predictions for the row-by-row ai_pct allocation).
**Stage 2 — Market calibration (look at market prices):**
The market lists '1' at 60% and '2' at 55% (and smaller probabilities on 0/3/4). Those quoted market probabilities appear incoherent as a mutually exclusive multi-outcome set because they sum to >100% (60 + 55 + 20 + 9 + 2 = 146%). That suggests either: different contract markets are being traded independently (binary-style markets for each count) or traders are hedging across edges. Given that, the market signal that '1' is priced at 60% is *not* a clean consensus probability for the exclusive event "exactly one".
Why the market might be overstating '1' relative to my blind priors: - Heuristic bias: Traders often anchor on the "one retirement" narrative (a single high-probability vacancy) which overweights the single-vacancy scenario relative to the full distribution. - Binary separate markets: If contracts are structured as separate yes/no for each count, traders can buy overlapping outcomes and produce inflated individual prices. - Liquidity/flow: Large directional flows (e.g., a political group betting heavily that the next President will get exactly one pick) can push the price up beyond what fundamentals justify.
Why the market price could be informative and justify a higher '1' probability than I assign: - New information I don't have: Market participants may possess current medical/retirement signals (e.g., private intel, justices quietly preparing) that strongly point to a single imminent retirement rather than multiple or none. - Political certainty: If the President and Senate are securely aligned and there is a single justice at an advanced age likely to retire intentionally under that administration, then exactly one confirmation is indeed more likely.
Calibration conclusion: I keep my independent 38% for 'exactly one' because without validated justice-specific signals, the structural prior and tail risk argue against paying 60% for that single outcome. The market looks overconfident on '1' to me unless there are private signals pushing it up — which I don't have.
Trading implication: If you believe there is no private info behind the market skew, selling the '1' contract around 60% and hedging by buying exposure to '2' or '3' (which I price materially higher than the market for those counts) looks attractive. If, instead, you suspect private retirement signals, the market price may be justified. Always confirm whether market contracts are binary overlaps or exclusive multinomial contracts before trading.
Arguments
For
- Arguments for Yes: Several sitting justices are plausibly in an age/health window where a single retirement across a four-year term is the most likely isolated event, making exactly one confirmation realistic.
- Arguments for Yes: Political incentives often produce at least one planned retirement timed to a favorable administration, concentrating probability mass on a single, expected vacancy.
- Arguments for Yes: Confirmations take time; if one vacancy occurs early or mid-term and remaining justices are relatively younger/healthier, the President may realistically secure exactly one seat.
Against
- Arguments against Yes: Tail risks (unexpected death or simultaneous retirements) increase the chance of 2+ confirmations, moving probability mass away from exactly one.
- Arguments against Yes: If the Senate is not reliably aligned with the President, strategic retirements may be delayed, increasing the chance of 0 confirmations rather than exactly one.
- Arguments against Yes: Historical variability across four-year windows implies that 'exactly one' is not a dominant outcome; the distribution is broad, so pricing '1' at a high single-digit majority is likely overconfident absent specific signals.
Key drivers
- Actual ages, health status, and retirement intentions of current justices
- Party control and cohesion in the Senate (ability to confirm nominees)
- Random mortality/health shocks among sitting justices during the term
- Strategic timing by justices who may prefer to retire under a favorable administration
Risk factors
- Unknown private information (leaks, medical updates) that could sharply change retirement probabilities
- Changes in Senate rules or unexpected Senate vacancies that affect confirmability
- Political events (scandals, geopolitical crises) that change justices' calculus or the President’s nomination strategy
- Market incoherence (overlapping binary markets) that misrepresents true exclusive probabilities
Scenarios
Best case
A single, well-telegraphed retirement: one elderly or long-tenured justice announces retirement early in the term while the President and Senate are aligned. The President successfully confirms one nominee, leaving the court otherwise stable. This scenario fits my 'one' outcome and occurs if private signals point to a single planned transition.
Most likely
A split between one and two confirmations: absent decisive age/health signals, the distribution centers on 1–2 confirmations. The most probable unfolding is that one clear vacancy occurs and there is a non-trivial chance of a second vacancy emerging from an unexpected health event or strategic retirement, making 1 slightly less likely than markets that price it near 60%.
Worst case
Multiple vacancies or inability to confirm: either an unexpected death or cluster of retirements produces 2+ vacancies (raising 2–3 confirmations), or political deadlock and a misaligned Senate block nominations so that 0 seats are confirmed. Both outcomes contradict the 'exactly one' prediction and hurt positions that are long '1'.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 1 | 38% | 60% |
| 2 | 30% | 55% |
| 0 | 12% | 20% |
| 3 | 14% | 9% |
| 4 | 6% | 2% |
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