Who will be the next Supreme Court justice?
Andrew Oldham is a credible front-runner for Trump's next Supreme Court pick but faces significant competition from James Ho and others, plus a non-zero risk that no vacancy occurs before January 2029, making a 22% independent probability for his appointment reasonable.
Analysis
Andrew Oldham is explicitly identified as a current front-runner for a potential Supreme Court vacancy during President Trump’s second term, alongside Neomi Rao, with James Ho, Raymond Kethledge, and Amul Thapar also in the mix. He is a 5th Circuit judge appointed by Trump in 2018 and serves as general counsel to Texas Governor Greg Abbott, fitting the profile of a conservative jurist in the mold of Alito and Thomas that the White House is seeking. However, no vacancy is confirmed yet, and Justice Alito (76) and Thomas (77) are the primary targets for retirement, with Alito potentially stepping down at the end of the current term in roughly a month.
The market’s 15% Yes price for Oldham appears slightly too low given his explicit front-runner status and Trump-aligned background, but it is not wildly mispriced because the event requires both a vacancy and Oldham’s selection over stronger or more favored contenders. James Ho (13% market) is a direct 5th Circuit peer with similar conservative credentials, while Neomi Rao (not in the top 5 listed but mentioned as a front-runner) may have broader appeal in D.C. circles. Additionally, the possibility that no vacancy opens before January 20, 2029, is non-trivial and suppresses the probability for any single nominee.
My independent assessment raises Oldham’s probability to 22% because the market may be underweighting his explicit front-runner designation and Trump staffer pedigree, while overweighting the competition and vacancy uncertainty. The top five contenders’ market shares sum to 57%, implying a 43% chance that the next justice is someone else or that no vacancy occurs. I adjust this to a 35% chance of no vacancy/other, leaving 65% for the named contenders, and allocate Oldham 22% of the total (34% of the 65% contender pool), which is higher than his 15% market share but still below James Ho’s 13% market share due to Ho’s comparable profile and potential White House preference.
Arguments
For
- Oldham is explicitly identified as a front-runner for Trump’s next Supreme Court vacancy
- His Trump appointment history and Texas AG/Governor Abbott ties align with the administration’s preferred nominee profile
- He fits the conservative, narrow-constitutionalist mold of Alito and Thomas that the White House is targeting
- As a 5th Circuit judge, he has a strong appellate record read as an audition for SCOTUS
Against
- James Ho is a direct peer on the 5th Circuit with similar conservative credentials and is also a front-runner
- Neomi Rao (D.C. Circuit) is named alongside Oldham as a front-runner and may have broader White House appeal
- Oldham’s opinions have been rejected by SCOTUS five times in two years, suggesting limited traction with current justices
- The event requires a vacancy to open before January 2029, which is not guaranteed
Key drivers
- Andrew Oldham is explicitly named as a front-runner for Trump’s next Supreme Court pick alongside Neomi Rao
- No Supreme Court vacancy is confirmed yet; the event depends on Alito or Thomas retiring before January 2029
- James Ho, Neomi Rao, and others are direct competitors with similar conservative credentials
- Trump’s preference for nominees in the mold of Alito and Thomas favors Oldham’s narrow constitutionalist profile
Risk factors
- No vacancy may occur before January 20, 2029, resulting in no new justice appointed
- James Ho or Neomi Rao could be Trump’s preferred choice over Oldham
- Oldham has faced repeated SCOTUS rejection of his opinions, which may signal lower traction with current justices
- Senate dynamics or political considerations could shift the nominee pool unexpectedly
Scenarios
Best case
Justice Alito retires at the end of the current term, Trump quickly nominates Oldham as his preferred front-runner, and the Senate confirms him by late 2026, making Oldham the next justice.
Most likely
A vacancy opens (likely Alito retiring in 2026), Trump considers Oldham, Ho, and Rao, and ultimately selects one of them; Oldham has a solid but not dominant chance, with James Ho or Rao potentially favored, leading to a 22% probability for Oldham.
Worst case
No vacancy occurs before January 20, 2029, or Trump selects James Ho or Neomi Rao instead, resulting in the No outcome for Oldham.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| Andrew Oldham | 22% | 15% |
| James Ho | 18% | 13% |
| D. John Sauer | 12% | 10% |
| Aileen Cannon | 11% | 10% |
| Amul Thapar | 10% | 9% |
More from this day
- politicsPolymarketEnded
US announces end of Iranian blockade by...?
AI95%MKT6%Edge+89Hidden GemThe market should resolve to Yes because Vice President JD Vance and CENTCOM officially announced the lifting of the US naval blockade on Iran on July 18, 2026, which falls before the July 24 deadline.
- economyPolymarketEnded
Core CPI YoY - July 2026
AI95%MKT15%Edge+80Hidden GemThe market will resolve to No because the actual Core CPI YoY for the period ending July 2026 (released as June 2026 data) is confirmed at 2.6%, which exceeds the 2.2% threshold.
- PoliticsKalshi1y
2026: Trump's bad year?
AI78%MKT11%Edge+67Hidden GemThe bear case for Trump is actively materializing in 2026 through major Supreme Court defeats on tariffs, scathing judicial rebukes of his litigation tactics, and legally contested massive monument rollbacks, making the 'Yes' outcome highly probable despite the market's 9% pricing.