How many Supreme Court justices will the President confirm?
Based on justice ages, historical vacancy rates and a simple hazard model, I assess ~36% probability the next President will confirm exactly one Supreme Court justice during 2025–2029.
Analysis
**Stage 1 — Blind analysis (ignore market prices):**
- Context and framing: The question asks whether the next President (the 2025–2029 term) will *confirm exactly one* U.S. Supreme Court justice. That requires (a) exactly one vacancy on the Court during that four-year window and (b) that a putative nominee is confirmed by the Senate. There is no contemporaneous reporting of a vacancy tied to this term in the evidence you supplied, so we must infer likelihoods from justice ages, historical vacancy frequency, retirement patterns, mortality risk, and the modern Senate confirmation environment.
- Simple probabilistic model I used: I assigned plausibly conservative 4‑year leave/exit probabilities by age band (roughly reflecting historical retirement/death hazard): - age 76+ : ~28% chance of leaving in 4 years - age 71–75: ~22% - age 66–70: ~12% - under ~65 : ~4%
Applying these to the current Court (several justices in their 70s and two in their late 70s) gives an expected ~1.28 vacancies over a four-year term. Using a Poisson approximation around that mean yields probabilities roughly: P(0) ≈ 28%, P(1) ≈ 36%, P(2) ≈ 23%, P(3) ≈ 10%, P(4+) ≈ 3%. Those are my baseline independent probabilities for the *number of vacancies*; given the modern Senate is generally confirming nominees when vacancies occur (post-2017 filibuster elimination for Supreme Court nominations), the vacancy distribution maps closely to likely confirmed seats.
- Qualitative adjustment factors accounted for in the 36%: - *Concentration of age-related risk*: two justices in their late 70s (higher near-term risk) raises chance of 2+ vacancies, which pulls probability away from exactly one. That is why exactly-one is not the modal single-figure certainty despite many bettors' intuition that one vacancy is 'most likely'. - *Political/strategic retirements*: sitting justices sometimes time retirements to coincide with a favorable president/Senate. That can both increase or decrease vacancy clustering depending on election outcomes. - *Senate confirmation risk*: while theoretically a Senate could block a nominee, recent practice makes outright non‑confirmation of a single vacancy less likely; this reduces probability of zero confirmations conditional on a vacancy.
- Bottom-line (Stage 1): my independent estimate for exactly one confirmed justice during 2025–2029 is **36%**. The main support for this value is that average expected vacancies across justices is around 1.3 for a four-year window, which produces a highest but not overwhelming mass at exactly one vacancy; the distribution still leaves substantial mass to 0 and 2.
**Stage 2 — Market calibration (compare to current market):**
- Current market top contenders: 1 (41%), 2 (31%), 0 (23%), 3 (9%), 4 (2%). The market assigns a 41% probability to exactly one confirmation, somewhat higher than my 36% independent estimate.
- Why the market might be higher on '1': - Crowd intuition bias: bettors often anchor to the idea that an average four-year term sees roughly one vacancy, so they overweight the 'one' outcome. That yields an over-concentration at exactly one vs. a proper distribution. - Information asymmetries or hedging: some participants may be betting on 1 as a hedge against correlated bets (e.g., they hold positions in 1 and 2 across related markets), boosting apparent probability. - Political simplification: bettors may underweight the increased probability of *multiple* exits given two justices in their late 70s, or underweight the possibility of zero due to Senate failure or unexpectedly healthy justices.
- Reasons the market might underweight '2' (and thus overweight '1'): the market's 31% for two confirmations is high relative to many casual expectations but still lower than my combined chance of 2+ (≈36%). In my view the market underprices the tail toward multiple vacancies caused by clustered retirements/mortality risk among older justices.
- Verdict on calibration: The market is broadly sensible and close to my model — differences are modest. I view the market as modestly overconfident in 'exactly one' (41% vs my 36%) and slightly underpriced for the combined probability of 2+ vacancies. That suggests a small edge if one expects additional downside/upside information (e.g., reporting on a justice's health or explicit retirement plans) to push probability mass toward 2+ confirmations.
- Practical takeaway for traders: If you believe aging and correlated retirements are more likely than the market implicitly assumes, prefer the '2' or '3' shares; if you think political incentives will sharply reduce multiple exits (justices delaying retirements until a clearly favorable political window), then '1' may be underpriced in the opposite direction.
Arguments
For
- There are multiple justices in their 70s (two in their late 70s), but the expected number of vacancies over four years is around 1.3 — making exactly one vacancy the largest single probability mass point in many reasonable models.
- Modern Senate practice since the post-2017 rules change has made confirmations more likely once a nominee is put forward, so a vacancy usually converts into a confirmation rather than a long-term vacancy.
- Strategic behavior by an older justice: some justices time retirements to occur under a favorable President, which often means single retirements rather than sudden clusters (supports one confirmation).
Against
- Cluster risk: given two justices in their late 70s and others in their early 70s, the probability of two or more vacancies during a four-year term is material (~33–35% in my baseline), pulling probability away from exactly one.
- Zero-confirmation paths exist: no vacancies could occur, or a vacancy could be politically blocked or left unfilled until after the term (though rare), pushing probability away from one.
- Health events and deaths are difficult to forecast and can create multiple unexpected vacancies, increasing chances of 2+ confirmations.
- Retirement timing is strategic and correlated with election outcomes; a favorable outcome for a justice's preferred politics may prompt multiple coordinated retirements across years, not a single one.
Key drivers
- Justice ages and individualized health/retirement hazard (Thomas, Alito, Sotomayor, Roberts are the largest drivers).
- Political control of White House and Senate in 2025 and the incentives that creates for strategic retirements.
- Stochastic events (sudden death or resignation) which are hard to predict but materially change vacancy counts.
- Confirmation environment in the Senate (procedural rules, filibuster status, threshold for cloture, partisan willingness to confirm).
Risk factors
- Model risk: simple hazard rates and Poisson approximation ignore correlated decisions (e.g., several justices retiring when a politically ‘friendly’ President is in office).
- Political uncertainty: whether the next President is of the same or opposite party as the incumbent Senate majority influences both retirements and confirmations.
- Unobservable health information: private health issues can change leave probabilities quickly.
- Calendar and exogenous shocks: wars, scandals, or major events that cause a justice to step down or accelerate retirement decisions.
Scenarios
Best case
Exactly one vacancy occurs during the term and the President's nominee is confirmed with typical modern Senate procedures — a clean single confirmation is completed mid-term, likely after a predictable retirement announcement and a short confirmation calendar.
Most likely
A single vacancy is the single most-probable discrete outcome but with only modest plurality: there is roughly a mid-30s percent chance of exactly one confirmation, ~28% chance of zero confirmations, and ~33–35% combined chance of two or more confirmations.
Worst case
Either zero or multiple vacancies occur. Zero: no justice leaves and political or procedural obstruction prevents any confirmation; Multiple: two or more justices retire or die in the same term, producing 2+ confirmations and thus the '1' outcome fails. Both cases result in the 'No' outcome for this market.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 1 | 36% | 41% |
| 2 | 23% | 31% |
| 0 | 28% | 23% |
| 3 | 10% | 9% |
| 4 | 3% | 2% |
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