Who will be the next Supreme Court justice?
Independent assessment: Andrew Oldham is very unlikely to be the next Supreme Court Justice by 20 Jan 2029; I estimate a ~4% chance based on lack of profile, lack of credible nomination signals, and historical patterns favoring seasoned appellate nominees.
Analysis
**Stage 1 — Blind analysis (ignore market prices):**
The Supreme Court selection process requires a presidential nomination and Senate confirmation. Historically, nominees who are confirmed are either sitting federal appellate judges with significant records, high‑profile legal figures (Solicitor General, prominent academics), or occasionally sitting state supreme court justices. The supplied context states explicitly that Andrew Oldham "is not a candidate" and that "there is no credible indication that he will become the next Justice." It also states he "lacks the legal background, judicial experience, and public profile typically required." Taking those facts at face value and ignoring market prices, the probability that someone with no credible discussion, no nomination, and no typical qualifications emerges as the eventual nominee and is then confirmed within roughly 3.5 years is very low.
Key considerations in this blind assessment: - *Nomination hurdle:* A president must decide to pick Oldham over many better‑credentialed conservatives. Presidents picking confirmed Justices almost always choose those with clearer records or prior judicial experience. Oldham reportedly lacks that profile. - *Confirmation hurdle:* Even conservative Senates can be cautious about untested nominees; confirmation votes typically scrutinize records, writings, opinions. A nominee with no paper trail or national profile faces more risk of derailment. - *Timeline and vacancy uncertainty:* Vacancies are stochastic. A vacancy could appear under a president who would never pick Oldham, or could appear under a president who might—but even then, many alternative conservative jurists are more plausible. The window to Jan 20, 2029 includes two potential administrations (the remainder of the current administration and the post‑2024/2028 cycles), increasing scenarios but not enough to meaningfully lift the baseline probability for a non‑candidate.
Given those inputs, my independent (blind) probability that Andrew Oldham will be the next Justice by 20 Jan 2029 is very low: ~4%. That reflects a small but nonzero tail of scenarios (urgent, politically expedient pick; extreme presidential preference for loyalty; or dramatic changes to his profile before nomination).
**Stage 2 — Market calibration (compare to market prices):**
Current market price for Oldham Yes = 18%. The market is pricing a substantially higher chance than my independent assessment (4%). Possible reasons the market is richer than my estimate:
- *Confusion or misinformation:* Market participants may conflate Andrew Oldham with other, more plausible conservative candidates (appellate judges or prominent conservative lawyers) or be mistaken about his current role or profile. The recent news summary indicates misunderstandings already exist. - *Speculative tails and platform behavior:* Prediction market traders sometimes overweight low‑probability, high‑impact scenarios, or momentum traders push quirky names up. With significant volume (339k contracts total on the event), a subset of active traders could move Oldham’s price well above fundamentals. - *Short time horizon and political uncertainty priced aggressively:* Traders may be hedging on the possibility of an unconventional pick by a future president (e.g., a president prioritizing loyalty over resume). The market may therefore assign a higher subjective probability to outlier nominations than historical precedent would justify. - *List‑positioning and framing bias:* When respondents choose from a menu of named contenders, familiarity or the position of a name can bias choices. If Oldham is near the top of a list or has been discussed in certain circles, that can inflate market probability.
Assessment relative to market: I view the market as meaningfully overpricing Oldham. If you were trading, the statistical edge would favor selling Yes or buying No at current levels (assuming no new credible information emerges). However, keep in mind political events can shift probabilities quickly; a sudden credible nomination or new reporting would invalidate the edge.
**Bottom line:** Independent probability ~4% (Oldham). Market at 18% appears overstated given the lack of nomination signals, lack of traditional qualifications, and historical precedents for Supreme Court picks.
Arguments
For
- Argument for Yes 1: *Small probability of an unconventional nomination.* In an extreme political environment a president bent on rewarding loyalists could nominate a lesser‑known figure.
- Argument for Yes 2: *Low‑information trading can amplify unlikely names.* If markets misread signals or overreact to loyalty signals within certain political networks, a belated push could materialize.
- Argument for Yes 3: *Rapid changes in candidate profile are possible.* Oldham could, in theory, gain credentials or exposure quickly (e.g., appointment to a federal judgeship, major legal role) which would increase his plausibility before a vacancy occurs.
Against
- Argument against 1: *No credible nomination signals.* The recent context explicitly states he is not being discussed as a candidate; historical nominees are typically known and vetted publicly well before confirmation.
- Argument against 2: *Lack of requisite profile and judicial record.* Confirmations usually require a record of opinions, reversible doctrine, or a high‑profile legal portfolio—Oldham reportedly lacks that background.
- Argument against 3: *Many superior alternatives exist.* There are multiple sitting appellate judges and legal figures with stronger credentials and clearer paths to nomination and confirmation, making them much more likely picks.
Key drivers
- Presidential decision: which president is in office at the time of the vacancy and their nomination criteria (loyalty vs. traditional credentials).
- Senate composition and appetite for confirmations, including willingness to confirm a nontraditional nominee.
- Candidate profile/credentials: judicial experience, written opinions, national profile, and perceived confirmability.
- Timing and cause of vacancy (unexpected death/retirement vs. planned transitions) which can favor expedient or unconventional picks.
Risk factors
- Unexpected nomination: a president might pick an unconventional, politically loyal figure in a crisis or deal—rapidly increasing Oldham's chance.
- Misleading or incomplete public information: markets reacting to rumors or confusion about who is being floated as a candidate.
- High political polarization: if the Senate majority is united and willing to confirm a less traditional nominee, confirmation risk falls.
- Platform trading dynamics: concentrated traders or momentum can push prices far from fundamentals for long periods.
Scenarios
Best case
Andrew Oldham becomes a credible, high‑profile candidate quickly (e.g., appointed to a prominent federal judgeship or national legal role, significant positive press), a vacancy occurs under a president who values loyalty and is willing to risk a contentious confirmation, and the Senate majority expedites confirmation. Under that chain of events, Oldham could plausibly be nominated and confirmed before Jan 20, 2029.
Most likely
A vacancy occurs and the president nominates a more conventional, credentialed conservative jurist (e.g., one of the other listed contenders or another sitting appellate judge). Oldham is not nominated, and the next Justice is someone with a robust judicial record.
Worst case
Oldham is never seriously considered. The president nominates a mainstream conservative appellate judge or established legal figure; the Senate confirms that nominee. Oldham remains absent from consideration and the 'Yes' outcome does not occur.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| Andrew Oldham | 4% | 18% |
| James Ho | 33% | 16% |
| D. John Sauer | 13% | 16% |
| Aileen Cannon | 20% | 12% |
| Amul Thapar | 30% | 9% |
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