How many Supreme Court justices will the President confirm?
The probability of the next President confirming exactly 1 Supreme Court justice is approximately 38%, as the most likely outcome is 0 confirmations due to a full bench, with 2 confirmations being a strong secondary possibility if one or two vacancies emerge.
Analysis
As of July 2026, the U.S. Supreme Court consists of nine justices, including Chief Justice John Roberts and eight associate justices, with no confirmed vacancies reported in the provided search results. The next President (relative to the 2024 election) is already in office for the 2025-2029 term, and the number of confirmations depends entirely on whether any justices retire, die, or resign during this period. Historical data shows that presidents typically confirm 0 to 3 justices per term, with 0 being common if the court is full at the start. Given the current full bench and the advanced age of some justices like Clarence Thomas (34+ years tenure), the probability of 0 confirmations is high, but the possibility of 1 or 2 vacancies emerging is non-trivial.
The market currently prices 1 confirmation at 42%, 2 at 34%, and 0 at 23%. This suggests the market believes a vacancy is likely but overweights the single-confirmation outcome relative to the zero-confirmation scenario. My independent assessment lowers the probability of exactly 1 confirmation to 38% because the most likely scenario is 0 confirmations (if no vacancies occur), followed by 2 confirmations (if two vacancies emerge). The market may be mispricing this event by underestimating the likelihood of a full bench persisting through the term and overestimating the probability of exactly one vacancy.
Key factors include the ages and tenure of current justices, the political climate for nominations, and Senate composition. If the Senate is aligned with the President, confirmations are smoother, but if not, even a single vacancy might not be filled. The historical average of 1-2 confirmations per term supports a moderate probability for 1, but the current full bench shifts the distribution toward 0 or 2.
Arguments
For
- Historical data shows presidents often confirm 1 justice when a single vacancy occurs
- Advanced age of some justices increases likelihood of at least one vacancy
- If the President is aligned with the Senate, a single nomination is likely to succeed
- The 2025-2029 term is long enough for a vacancy to emerge naturally
Against
- Current full bench of 9 justices means 0 confirmations is the baseline if no vacancies occur
- Two vacancies could emerge, making 2 confirmations more likely than 1
- Senate opposition could block even one nomination, resulting in 0 confirmations
- President may not nominate if no vacancies arise, leading to 0 confirmations
Key drivers
- Current full bench of 9 justices with no reported vacancies as of July 2026
- Advanced age and long tenure of some justices increasing retirement/death risk
- Senate composition and political alignment affecting nomination success
- Historical presidential confirmation patterns averaging 1-2 justices per term
Risk factors
- Unexpected death or resignation of a justice could increase confirmations beyond 1
- Senate opposition could block even a single nomination, resulting in 0 confirmations
- President may prioritize other judicial appointments over Supreme Court if no vacancies
- Political gridlock could delay confirmations beyond the term end date
Scenarios
Best case
Exactly one justice retires or dies, and the President successfully nominates and confirms one replacement, resulting in 1 confirmation.
Most likely
No vacancies occur, or two vacancies emerge and the President confirms two justices, making 0 or 2 confirmations the most probable outcomes, with 1 being less likely than the market suggests.
Worst case
No vacancies occur during the term, or a vacancy arises but the President fails to confirm any justice due to Senate opposition, resulting in 0 confirmations.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 1 | 38% | 42% |
| 2 | 32% | 34% |
| 0 | 25% | 23% |
| 3 | 4% | 5% |
| 4 | 1% | 2% |
More from this day
- PoliticsKalshi2y
Which agencies will Trump eliminate?
AI100%MKT29%Edge+71Hidden GemUSAID has already been eliminated as an independent agency in July 2025, with its functions absorbed into the State Department, making the 'Yes' outcome certain.
- PoliticsKalshi1y
2026: Trump's bad year?
AI78%MKT10%Edge+68Hidden GemThe bear case for Trump in 2026 is highly probable due to a convergence of Supreme Court defeats on tariffs and executive power, unprecedented judicial rebukes of his policies, and immediate legal backlash over the 90% reduction of Utah national monuments signed just days ago.
- HealthKalshi2y
What will the average number of measles cases be during Trump's term?
AI88%MKT32%Edge+56Hidden GemThe average measles cases per year during Trump's term will exceed 2,300, making the 'Yes' outcome (average above this threshold) highly probable at approximately 88%.