How many Supreme Court justices will the President confirm?
Exactly one confirmation is the most likely outcome, but not by a wide margin. The Court’s older members make one vacancy plausible, while a second opening is still live enough that I put the probability a bit below the market’s current pricing.
Analysis
The core issue is vacancy creation, because the President can only confirm a justice if a seat opens and the Senate approves a nominee. Over the remaining term, the Court’s age profile makes one vacancy quite plausible, with Thomas, Alito, Roberts, and Sotomayor all old enough that retirement or mortality risk is no longer trivial, but the bench is still stable enough that a completely empty term is far from impossible.
Once a vacancy appears, confirmation is easier than it used to be because a simple Senate majority is enough after the 2017 rules change. That said, Senate control is still a real constraint, and strategic retirement behavior matters: justices may time departures to maximize ideological continuity, which raises the odds of a vacancy when the political environment is favorable and suppresses it when it is not. That dynamic makes exactly two confirmations a live alternative, but not the most likely one.
My view is that exactly one confirmation is the modal outcome, but only modestly so. Relative to the market, I am slightly less confident in the single-vacancy path and slightly more open to both zero and two confirmations, because the current Court is old enough at the top end to produce a second opening and young enough below that a quiet finish to the term remains credible.
Arguments
For
- The current age distribution makes a single opening before January 2029 a natural expectation.
- If one vacancy appears, confirmation is procedurally easier than in the pre-2017 Senate environment.
Against
- Strategic timing by justices can delay or avoid openings, especially if they want to protect ideological succession.
- The same age profile that supports one vacancy also leaves enough time for a second one, which dilutes the exact-one outcome.
Key drivers
- The Court has several justices in their 70s, so one vacancy over the term is a realistic baseline.
- A simple Senate majority can confirm a nominee once a vacancy exists, which boosts the chance that any opening becomes a confirmation.
Risk factors
- If no justice retires, dies, or resigns before the term ends, the outcome shifts to zero confirmations.
- If two older justices leave in sequence, or a surprise health event hits another member, the outcome moves from one to two.
Scenarios
Best case
One older justice leaves, the President quickly secures Senate confirmation, and no second vacancy appears before the term ends.
Most likely
One vacancy is confirmed, but there remains a meaningful chance that a second opening emerges before January 2029.
Worst case
No vacancy occurs at all, or the only vacancy fails to produce a confirmation, so the outcome is not exactly one.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 1 | 41% | 47% |
| 2 | 28% | 30% |
| 0 | 24% | 23% |
| 3 | 5% | 5% |
| 4 | 2% | 2% |
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