Which Supreme Court justices will resign during Trump's term?
I assess ~25% probability that Justice Clarence Thomas will resign (voluntarily leave the Court) at some point during Trump's current term; given his recent activity, ideological alignment with the appointing party, and lack of public retirement signals, staying on is the far more likely outcome.
Analysis
**Stage 1 — Blind analysis (ignore market prices)**
Justice Clarence Thomas is the oldest sitting justice and the Court’s longest-serving member. As of the latest reporting he remains active in opinions and public filings, and there has been no announcement or credible reporting that he plans to retire or resign during the remainder of the presidential term that ends 2029-01-20. Historically, justices typically time retirements to coincide with a president of the same party so their seat is filled by an ideologically aligned successor; this incentive would, if anything, make resignation under a Republican president *more* likely for some justices. However, Thomas’s record shows a pattern of long tenure and a stated preference to serve indefinitely; he has not given public signals of seeking to step down.
Key objective factors informing my baseline estimate: - Age and mortality: born in 1948, Thomas is in his late 70s. Age raises the non-negligible probability of health shocks that could force a leave or prompt retirement, but age alone is a weak predictor of voluntary resignation in the absence of overt health decline. - Activity level: recent participation in opinions and a 2026 concurrence indicate functional engagement with Court business, arguing against imminent departure. - Political/strategic calculus: the current president (Trump) is politically aligned with Thomas’s jurisprudence, reducing the strategic incentive to retire for ideological reasons — he would be assured of a conservative successor. That lowers voluntary-retirement pressure compared with a justice wanting to preserve their jurisprudential legacy under an opposition president. - Controversy and pressure: impeachment resolutions and petitions have surfaced, reflecting heightened political visibility and potential reputational costs. Historically, political pressure and controversy without legal removal rarely cause Supreme Court justices to resign.
Weighing these, I place a modest but meaningful chance of resignation during the roughly 2.6-year remaining window of Trump’s term (from mid-2026 to Jan 20, 2029). The main mechanisms that could produce a resignation are: (1) an acute health event that leads to retirement; (2) an ethical or legal revelation creating pressure to step down; or (3) a voluntary, pre-planned retirement for personal reasons. Of these, health events are the dominant stochastic risk; voluntary strategy-based retirement is unlikely given ideological alignment and demonstrated preference to remain on the bench.
Putting these together, my independent (pre-market) probability for a voluntary resignation during Trump’s term is 25%.
**Stage 2 — Market calibration (compare to current market prices)**
The current market price is Yes = 0.38, No = 0.62, which implies a 38% chance of resignation — materially higher than my 25% independent estimate. Potential reasons the market price is higher than my read: - Traders may be overweighting *age alone* and treating any late-70s justice as likely to leave within a multi-year window, without adjusting for activity and political incentives. Age-based heuristics can bias probabilities upward. - Recent political controversy (impeachment articles, petitions) is salient and may be driving speculative bets; traders can conflate political pressure with imminent resignation, despite historical precedent showing controversy seldom causes voluntary resignation. - Some participants may be folding in the risk of death or incapacitation as equivalent to “resignation” (or the market question may be ambiguously interpreted by some traders), which would raise the implied probability relative to voluntary retirement only. If death is being implicitly included, the true voluntary-resignation probability would be lower than the market's number suggests. - Liquidity and event-driven bettors: the market’s volume shows active trading (73k+ contracts), which could create trending prices that overshoot the underlying fundamentals, especially shortly after news spikes. - There remains a (low) possibility of nonpublic information getting priced in; while that cannot be ruled out, nothing in public reporting as of the latest sources supports a near-term resignation.
Given these potential explanations, the market appears to be modestly overpriced relative to my fundamentals-based view. If you accept my model and risk tolerance, selling Yes (or buying No) at ~38% would be the value trade; conversely, if you place more weight on age, political volatility, or private information being priced, the market could be fair.
Overall: I estimate a 25% independent chance, and I judge the market’s 38% price to reflect risk-tilted or heuristic-driven beliefs more than hard signals.
Arguments
For
- Age creates a non-trivial baseline risk of a health event or incapacitation during the 2–3 year window.
- Heightened political controversy and public petitions increase public attention and could amplify pressure on the justice to step down in an extreme case.
- Some justices have retired at advanced ages rather than die in office — precedent exists for late-life, voluntary departures.
Against
- No public announcement, credible leak, or clear signaling that Thomas intends to leave during this term; he remains active in opinions.
- Thomas has a demonstrated pattern of long tenure and has previously shown a preference to remain on the Court absent decisive reasons to depart.
- Strategic incentive to time retirement to a friendly president is weaker here because Trump is a politically aligned president, reducing motivation for an immediate resignation to secure a conservative successor.
- Impeachment filings and petitions historically have low probability of inducing resignation absent criminal conviction or overwhelming political consensus.
Key drivers
- Age and stochastic health risk (late-70s increases chance of acute health events)
- Demonstrated recent activity on the Court (votes and opinions indicating ongoing service)
- Political alignment with the sitting president (low incentive to retire under a friendly administration)
- Public controversy and impeachment pressure (increases perceived but not necessarily actual resignation risk)
- Ambiguity in market interpretation (some traders may conflate death/incapacitation with resignation)
Risk factors
- Sudden serious health problem or incapacity forcing retirement or an extended leave
- Major ethics or criminal revelations that generate sustained pressure to step down
- Misinterpretation or ambiguity in the market about what counts as 'resign' (death vs voluntary retirement)
- Unexpected personal reasons (family, private affairs) that could lead to a voluntarily timed retirement
- Market momentum and speculative flows that push price away from fundamentals
Scenarios
Best case
Yes occurs: Thomas announces a voluntary retirement during Trump’s term, timed for a politically favorable replacement. This could happen if he or his family decide to step down for personal reasons or if he faces a health development that he prefers to handle outside the bench. In that case the timing would be predictable (announcement followed by a short transition) and the seat would be filled by the sitting president.
Most likely
Most likely is continued service through the remainder of the term with no resignation announcement. Controversies and petitions may continue, and there is a non-zero chance of a health-related retirement, but absent a proximate health or ethics trigger, Thomas will remain on the Court until at least the end of the Trump term (No).
Worst case
No outcome (for the market’s Yes position): Thomas stays on the Court through the end of Trump’s term (and possibly beyond), making resignation bets that priced higher suffer. Alternatively, an unexpected death would open a vacancy but would not count as 'resignation' depending on strict market interpretation, resulting in a loss for Yes bettors who conflated death with resignation.
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