Which Supreme Court justices will resign during Trump's term?
I assess a low-to-moderate chance that Justice Clarence Thomas will resign during Trump’s term; my independent probability is 20% driven mainly by age and health tail risks but weighed down by his recent high level of activity and lack of any stated intent.
Analysis
**Stage 1 — Blind analysis (ignore market prices):**
Justice Clarence Thomas is 78 (born June 23, 1948) and remains an active member of the Court as of June 27, 2026: he has participated in major rulings, issued solo opinions and dissents, and there are no credible reports or announcements indicating a plan to resign. Those facts point toward continuity — a justice who is still engaged generally has a lower near-term retirement probability.
Nevertheless, age is a material consideration. Over a ~3.6 year window (through Jan 20, 2029) the medical and functional risks for someone in their late 70s are non-trivial. While many justices serve into their 80s, retirement decisions are often triggered by unexpected health events, cognitive decline, or family/medical needs, not only by advance planning. Historically, some justices have timed retirements for political reasons (to ensure a like-minded successor), but Thomas is firmly conservative and therefore has *less* incentive to time a resignation for partisan advantage under a conservative president who is already in office.
Balancing these facts, my independent (blind) probability that Thomas will voluntarily resign (retire) during Trump’s term is **20%**. That number reflects: - *Downside drivers* (increase this probability): advanced age, non-zero short-term health event risk, and the real possibility of a personal or family reason prompting an unexpected departure. - *Upside drivers* (decrease this probability): active recent Court participation, lack of public or credible private indication of intent to step down, strong ideological alignment with the sitting president reducing strategic incentive, and historical tendency of Thomas to remain on the bench through advanced age.
**Stage 2 — Market calibration (look at market prices):**
The market price shows Yes at 39% and No at 61%, with substantial volume (~75k contracts). My independent 20% is materially lower than the market-implied 39% probability. Possible reasons markets are bidding Yes higher than my estimate:
- *Rumor amplification and political betting:* Prediction markets on high-profile justices attract politically motivated traders who overweight the payoff from a conservative vacancy and may act on rumors, social media chatter, or optimism about a retirement rather than on verifiable reporting. - *Conflation of outcomes:* Some bettors conflate "resignation/retirement" with any reason for vacancy (including death) or with a forced departure (scandal, impeachment pressure). Death is not the same as a voluntary resignation; markets may implicitly price broader vacancy risk, inflating Yes. - *Short-term hedging and speculative liquidity:* Traders who have positions on other justices or on nomination outcomes may buy Yes as a hedge or speculative play, artificially elevating the Yes price relative to the underlying fundamentals. - *Asymmetric payoff attraction:* Because a resignation during Trump would be a high-impact political event, bettors may overpay for the possibility (risk-seeking behavior for high-leverage outcomes).
None of these market dynamics, in my judgment, provide convincing new factual evidence that Thomas is likely to resign. However, the market could be correctly pricing private information I do not have (e.g., private health concerns, family conversations). If credible new information emerges (medical incapacitation, hospitalization, trusted reporting that he’s considering stepping down), my probability would rise quickly and the market price would be nearer fair value.
Trading implication: given my independent 20% and a market Yes price of 39%, I view the market as offering value to *sell* Yes / *buy* No (i.e., take the contrarian side), unless you have private information or a short time horizon driven by rumor-sensitive flows. If you require a safety buffer, account for a reasonable private-info premium (say 5–10%), but even then the market seems overbought relative to fundamentals.
Arguments
For
- Advanced age increases the baseline probability of an unexpected health-related retirement within ~3–4 years.
- A private medical or family issue could surface at any time and trigger a resignation without public pre-announcement.
- High-profile political pressure or a damaging revelation (even if not currently indicated) could create incentive to step down to avoid further personal or institutional harm.
- Some bettors and political actors prefer vacancies under a friendly president and may amplify or propagate retirement narratives that could lead to a faster decision process if Thomas wanted to control timing.
Against
- No credible reporting or official indication that Thomas plans to resign; he remains active on the Court and in major cases.
- Ideological alignment with President Trump reduces the strategic incentive to retire while a Republican president is in office — he gains less by timing a handoff.
- Historically, Thomas has shown willingness to serve into advanced age and has not signaled a pattern of retiring early.
- There is currently no credible scandal, incapacitating health report, or family-publicized reason that would force or motivate a near-term resignation.
Key drivers
- Justice Thomas's age and baseline medical/mortality risk over a ~3.6-year window
- His recent high level of Court activity and lack of any public resignation signals
- Political incentives to resign (or not) under a co-ideological president
- Rumors, social-media amplification, and market hedging flows that can raise Yes prices absent new facts
Risk factors
- Sudden health event or incapacity prompting retirement without public lead-up
- Personal or family circumstances that could cause an unexpected resignation
- Discovery of a serious ethics or legal scandal that makes continued service untenable
- Market mispricing driven by rumor, political speculation, or conflation of resignation with other vacancy causes
Scenarios
Best case
For the 'Yes' outcome: A credible private-health development or unexpected hospitalization occurs and Thomas opts to retire for health reasons; credible reporting follows quickly and the seat is vacated, allowing a Trump nominee to replace him. This scenario could be triggered by quick-to-emerge evidence (medical disclosure or reporting by a trusted outlet).
Most likely
Thomas remains on the Court and does not resign during Trump's term. The most likely path is continued participation through 2026–2028, with retirement only under an unexpected health or personal event. Market prices may oscillate on rumor but will converge lower in the absence of confirmatory reporting.
Worst case
For the 'No' outcome (i.e., the likely outcome): No resignation occurs through Jan 20, 2029. Thomas remains active, participates in decisions, and any rumor-driven market price spikes are resolved by absence of corroborating facts. The market keeps Yes overpriced for extended periods, and partisan trading continues to inflate prices until the event window closes.
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