Who will be the next Supreme Court justice?
James Ho is a credible conservative contender, but his path depends on a Supreme Court vacancy actually opening before January 2029 and on him beating several equally viable alternatives. I put his independent probability at 15%, a bit below the market.
Analysis
There is no current vacancy, so the entire bet rests on whether a seat opens before January 2029. That keeps the probability meaningfully below a simple “who is most prominent among conservative judges” read, because even highly plausible nominees cannot become the next justice unless a sitting justice retires, dies, or resigns in time.
If a vacancy does appear during the current political window, James Ho is absolutely in the conversation. He is a high-profile Fifth Circuit judge with strong originalist credentials and a profile that fits the Trump-era conservative legal pipeline, but he is not obviously the first choice over peers who may offer better confirmability, closer White House relationships, or a more conventional institutional reputation. Andrew Oldham and D. John Sauer look especially competitive, while Aileen Cannon and Amul Thapar each have different strengths but also clear drawbacks.
The market at 19% is somewhat aggressive for Ho because it seems to price him as the default conservative successor, when in reality the field is broad and the vacancy itself is uncertain. I would treat Ho as a real contender but not the modal outcome, with the bigger probability sitting in the combination of no vacancy or another nominee being selected if one does open.
Arguments
For
- Ho is a well-known originalist judge whose ideology fits the kind of nominee conservative legal networks would push for.
- His Fifth Circuit platform and national profile make him a plausible finalist if the White House prioritizes doctrinal purity.
Against
- No vacancy exists today, so his nomination depends on an uncertain event that may not happen in time.
- He faces credible competition from candidates who may be viewed as more confirmable or more closely tied to the administration.
Key drivers
- Whether a Supreme Court vacancy opens before January 2029 is the single biggest determinant of Ho's chances.
- If a vacancy opens under a Republican White House, the nominee will likely come from the current conservative appellate and executive-law bench.
Risk factors
- A sitting justice may not leave the Court during the relevant window, which would make Ho impossible to select.
- Another contender with stronger institutional support, especially Oldham or Sauer, could outrun Ho even if a vacancy opens.
Scenarios
Best case
A conservative vacancy opens during the current term, Ho becomes the preferred pick, and he is nominated and confirmed before the deadline.
Most likely
A vacancy may eventually emerge, but the administration chooses another conservative contender with a stronger mix of loyalty, confirmability, and institutional acceptability.
Worst case
No vacancy opens before January 2029, or a different conservative nominee is chosen first, leaving Ho on the sidelines.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| James Ho | 17% | 19% |
| Andrew Oldham | 27% | 15% |
| Aileen Cannon | 12% | 12% |
| D. John Sauer | 24% | 10% |
| Amul Thapar | 20% | 9% |
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