Which Supreme Court justices will resign during Trump's term?
I assess a 25% chance Clarence Thomas will resign (i.e., leave the Court voluntarily) during Trump's 2025–2029 term. He remains active with no announced plan to leave, so a resignation is possible but not the base-case outcome.
Analysis
**Stage 1 — Blind analysis (ignore market prices):**
- Independent assessment: based solely on the facts and historical patterns, Clarence Thomas is *unlikely* to resign during the 2025–2029 period, but the probability is non-negligible because of age and the possibility of unexpected health or political shocks. My independent probability is **25%**.
- Key factual anchors informing that probability: - **Age and tenure:** Born in 1948 (turning ~80 by Jan 2029). Advanced age raises baseline hazard relative to younger justices but does not by itself make resignation likely — many justices serve into their 80s. Empirically, lifetime appointment behavior shows many conservative justices stay on the bench until late in life unless health or strategic political considerations push them to retire. - **No announced plan / active engagement:** Recent reporting shows Thomas is actively participating in decisions, issuing opinions, speaking publicly, and performing official duties such as administering an oath. Those signal continued engagement rather than imminent retirement. - **Strategic incentives:** Conservative justices sometimes time retirements to coincide with a friendly president to secure an ideological successor. Trump is a Republican president; that incentive would, all else equal, increase the chance relative to a Democratic president. However, the incentive to wait is balanced by Thomas’s demonstrated steadiness and his potential preference to remain on the Court. - **Health, scandal, and idiosyncratic shocks:** These are the realistic paths to resignation. Absent signs of declining health or an ethics scandal forcing or inducing a departure, the probability of voluntary retirement in any given four-year window is modest. - **Historical baseline:** Over recent decades, turnover among nine justices averages roughly one departure every 2–4 years, but departures are concentrated among older justices and are idiosyncratic. Applying a justice-specific adjustment for Thomas (active, ideologically invested, historically durable) pulls the window risk downward.
- Putting these together: age and partisan timing provide reasons to assign a non-trivial tail probability, but the strongest single datapoint — his current activity and lack of announcement — argues against a near-term resignation. I therefore place the independent chance at 25%.
**Stage 2 — Market calibration (compare to current market prices):**
- The market currently prices *Yes* at 40% (No 60%). My independent 25% is materially lower than the market.
- Possible reasons the market is pricing higher than my independent estimate: - **Recency and availability bias:** Traders may overweight the general narrative that older justices will likely exit within a presidential term, or respond to headlines about justice ages and turnover in aggregate markets. - **Political hedging / strategic bettors:** Some market participants may believe that conservatives will take every opportunity to convert a Trump appointment into a reliable ideological successor and thus overweight retirements under a Republican president. - **Ambiguity in question interpretation:** Some traders may interpret "resign" loosely to include any form of departure (including death or incapacitation) which raises perceived probability relative to a stricter reading of voluntary retirement/resignation. - **Large-volume players or event-driven positions:** With substantive volume (~72k contracts) there can be concentrated positions or liquidity-driven moves that push price away from fundamentals.
- Why the market might be mispriced (supporting a trading edge): - There is no publicly reported health decline, ethics development, or stated intent from Thomas. Active engagement in opinions, public commentary, and ceremonies are reliable negative signals for imminent retirement. Those concrete negative signals argue that current implied 40% is too high. - If a trader believes the market is overpriced, a rational play would be to sell Yes / buy No, but only after sizing for tail risk because a single health event or scandal can rapidly make the market correct.
- What would justify the market price (circumstances that would validate a 40%+ expectation): - Any credible report of significant health issues, hospitalization, or incapacity. - An ethics scandal or credible allegations that materially increase political pressure to step down. - Statements by Thomas (or close associates) hinting at a retirement timeline or willingness to leave under a Republican successor.
- Bottom line: I view the market as currently **overestimating** the likelihood of a resignation in this window. My 25% independent probability implies the market is rich on Yes by roughly 15 percentage points; that gap could represent a trading opportunity conditional on no new signals emerging.
Arguments
For
- Age increases baseline risk — Thomas will be ~80 by the end of Trump's term, which raises the chance of a departure in a four-year window.
- Strategic incentive: conservatives often time retirements to coincide with a friendly president — Trump provides that window for a like-minded successor.
- Unpredictable shocks (health or scandal) can force a sudden departure; such events are inherently low-probability but high-impact.
Against
- No announced plan or hint of retirement, and recent public/judicial activity indicates continued engagement.
- Historically many justices remain on the bench into their 80s; Thomas has shown institutional durability.
- There is no publicly reported health decline or incapacitation, and no current ethics development that credibly points toward imminent resignation.
Key drivers
- Thomas's age and baseline mortality/health risk over a four-year window
- His current level of public and judicial activity (opinions, speeches, official duties)
- Strategic retirement incentives to time departure under a Republican president
- Emergent negative signals (health crises, credible ethics scandals, explicit retirement statements)
Risk factors
- Sudden health deterioration or incapacitating illness that forces retirement
- Major ethics or personal scandal that prompts resignation or political pressure
- Question ambiguity conflating voluntary resignation with death/inability
- Unexpected personal preferences or family decisions leading to voluntary early retirement
Scenarios
Best case
Yes outcome occurs because of a clear, credible trigger: either a health event (hospitalization/diagnosis) or an ethics/political controversy emerges that leads Thomas to announce his retirement while Trump is president — in this case, resignation would be rapid and the market would move sharply to reflect the news.
Most likely
Thomas continues serving without announcing retirement during Trump's term. He remains active in decisions and public commentary; a resignation only occurs if an unforeseen health issue or scandal arises, making the market's current 40% an overestimate of the true baseline risk.
Worst case
No outcome prevails: Thomas remains active through January 2029 and likely beyond, participating in opinions and public events. No retirement announcement is made and no disqualifying health or scandal events occur, validating a lower probability for resignation during this term.
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