Which Supreme Court justices will resign during Trump's term?
I assess a low probability that Justice Clarence Thomas will resign during President Trump's current term — I estimate roughly an 18% chance, driven mainly by his continued active participation, stated intent to serve long, and the political difficulty of forcing a resignation absent major new developments.
Analysis
**Stage 1 — Blind analysis (ignore market price):**
- Independent assessment: Based strictly on the publicly available facts — Thomas's age (77), his long tenure and stated desire to serve, his active handling of emergency matters and participation in opinions, and the absence of any credible reports that he plans to step down — I place the probability that he resigns during Trump’s term at **~18%**. This reflects a low-to-modest chance driven mainly by the nonzero risk of sudden health problems or a major scandal that materially changes his political standing.
- Rationale: Historically, Supreme Court justices retire at widely varying ages, but those who signal a desire to remain and who continue to perform full duties rarely retire on short notice absent health decline. Impeachment or forced removal is extraordinarily difficult politically; even with vocal advocacy groups and House resolutions, removal requires a Senate supermajority or a voluntary resignation. Thomas’s continued docket activity (handling emergency filings, issuing dissents) is strong behavioral evidence against imminent resignation. The ethics controversies increase uncertainty, but to date they have not produced a workable removal mechanism or clear incentive for Thomas himself to step down.
- Quantitative intuition: Treating resignation as a low-probability, high-impact event over ~2.6–3.5 years remaining in the term, I model a baseline annual resignation hazard for a similarly situated 77-year-old, fully active justice who has signaled long-term service at ~6–8% per year, but discount that because Thomas has shown resistance to pressure and remains functionally active — leading to an aggregated cumulative probability over the remainder of the term of ~15–22%. I set 18% as a central estimate.
- Key uncertainties that could raise the probability in the blind model: emergence of concrete, damaging new revelations about personal conduct or finances; a sudden serious medical event; or an internal deal or personal reason prompting a planned exit. None of these are currently evidenced publicly, so they remain tail risks.
**Stage 2 — Market calibration (look at current market prices Yes: 0.37):**
- The market currently prices a 37% chance of resignation — roughly double my independent estimate. Possible reasons the market is higher than my blind probability: - *News sensitivity and salience bias*: Ongoing coverage of Thomas’s ethics controversies may lead traders to overweight reputational risk and expect a politically expedient exit. High-profile petitions and impeachment resolutions can create headline-driven trading even when procedural removal is unlikely. - *Hedging and correlated bets*: Some traders may be buying 'Yes' as a hedge against other correlated events (e.g., multiple vacancies), raising the price beyond the pure likelihood of Thomas alone resigning. - *Speculative flows and retail momentum*: Public campaigns (MoveOn, AOC impeachment articles) can mobilize retail action that pushes prices toward perceived political outcomes, regardless of institutional inertia. - *Confusion about timeframe or conflation with other justices*: Traders may be conflating higher-probability resignations by other justices (e.g., older justices or those with known health issues) and misallocating probability mass to Thomas.
- Why I think the market is likely mispricing the event: The market seems to overweight politically salient but procedurally unlikely mechanisms (resignation under pressure, negotiated ouster, or voluntary exit absent a health trigger). Given the Court’s norms, the difficulty of impeachment/removal, and Thomas’s ongoing active duties, the higher price implies expectations of new, substantive shocks that are not currently evidenced. If those shocks occur, the market could quickly reprice upward; absent them, the current price represents an overestimate of near-term resignation risk.
- How to trade or interpret the difference: If one accepts my blind assessment (18%), 'No' is the value play relative to the market. Conversely, if a trader believes that ongoing ethics campaigns or hidden health problems are substantially more likely to produce a resignation than public facts suggest, the market price could be justified.
Arguments
For
- Sustained ethics and disclosure controversies mean there is an ongoing pathway (public pressure, calls for resignation) that could culminate in a voluntary resignation to avoid further scrutiny.
- Political actors who want a replacement could exert sustained pressure; if pressure becomes intense and credible, Thomas might choose to step down to preserve legacy or avoid impeachment.
- Strategic retirement: Thomas might decide to time a resignation so a sympathetic president can appoint a like-minded successor, although he has provided no public signs of planning such a move.
- Age-related decline remains a nonzero risk — at 77, the probability of health developments that impede service increases relative to younger justices.
Against
- Thomas remains actively engaged in Court business (handling emergency applications and participating in opinions), which is strong evidence against imminent resignation.
- He has publicly expressed a desire to serve for decades; historically he has shown willingness to stay through multiple administrations, reducing the likelihood of stepping down now.
- Impeachment or forced removal is procedurally difficult and politically unlikely absent criminal findings; public petitions and House resolutions alone rarely translate into removal.
- No credible reporting indicates serious health problems or a private plan to resign; absent new, verifiable information, claiming imminent resignation is speculative.
Key drivers
- Thomas's current level of judicial activity (handling emergency filings, opinions, dissents)
- Publicly known health status and age trajectory between mid-2026 and January 2029
- Intensity and emergence of new ethics revelations or investigative findings
- Political context: House impeachment dynamics and Senate composition
- Thomas's stated personal preferences and historical pattern of tenure behavior
- External incentives (pressure from conservative donors, internal Court dynamics, or private arrangements)
Risk factors
- Sudden, serious health event or medical diagnosis forcing retirement
- Major new, verifiable ethics revelations (documents, corroborated reporting) that alter his political viability
- A negotiated deal or private decision by Thomas (personal or family reasons) to step down unexpectedly
- Shifts in the Senate or executive branch posture that make resignation politically advantageous (rare but possible)
- Unexpected legal vulnerability or criminal exposure that generates credible removal threats
Scenarios
Best case
For the 'Yes' outcome: A credible new investigation or major, independently verified revelation emerges (e.g., documentation of undisclosed financial entanglements or travel financed by donors, or a medical diagnosis publicized by his office) that creates a politically untenable situation; Thomas negotiates a quiet resignation or voluntarily steps down to avoid impeachment and preserve parts of his legacy. This would likely prompt immediate market repricing and a rapid move toward 'Yes'.
Most likely
Thomas remains on the Court through the end of Trump’s term. He continues to participate actively in cases and emergency filings, and while ethics controversies persist, they do not produce a decisive, verifiable shock sufficient to force resignation. A modest chance remains for an unforeseen health event or damaging revelation, but absent that the probability of resignation stays below the market-implied 37%.
Worst case
For the 'No' outcome (i.e., Thomas stays): No new damaging revelations materialize, no serious health incident occurs, and Thomas continues to perform duties throughout the remainder of the term; calls for impeachment remain symbolic and fail to coalesce into a viable removal plan. In this scenario, the market would drift toward 'No' and the 37% price would be seen as an overestimate.
More from this day
- HealthKalshi2y
What will the average number of measles cases be during Trump's term?
AI99%MKT30%Edge+69Hidden GemBased on CDC annual totals for 2017–2020, the arithmetic average is exactly 447 cases/year; I assess ~99% probability that the market should resolve to that value under the stated interpretation.
- EconomicsKalshi2y
Will there be a Trump economic boom?
AI12%MKT50%Edge-38HypedI assess a low probability (~12%) that any U.S. quarterly real GDP growth will exceed 5% (annualized) in Q1 2025–Q4 2028 under a Trump presidency — possible under a narrow set of large, atypical shocks or policy moves, but unlikely given historical patterns and macro constraints.
- sportsPolymarketEnded
World Cup: Spain Stage of Elimination
AI85%MKT50%Edge+35Hidden GemI assess an 85% probability that Spain will finish in some other position (i.e., not be 2026 World Cup champion), because the expanded 48-team format and tournament variance make a Spain title unlikely despite their quality.