Which Supreme Court justices will resign during Trump's term?
Alito has a meaningful but far-from-certain chance to leave before Trump’s term ends. His age and the strategic appeal of retiring under a Republican president support Yes, but the absence of any concrete retirement signal keeps the probability below the market’s current enthusiasm.
Analysis
My independent read is that a resignation is more likely than not, but only modestly so. Alito is already 76, has served since 2006, and is in the age band where Supreme Court retirements become increasingly plausible. Because Trump is in office, Alito would also have a strong strategic incentive to step down on favorable terms rather than risk a future Democratic appointment filling his seat later. Those factors make a voluntary exit during the term a real possibility, not a long shot.
The counterweight is that there is still no direct retirement signal, and his recent conduct points to an active justice who is still fully engaged on the Court. Justices often remain in place well into their late 70s or 80s, especially when they are still influential and personally healthy. For someone like Alito, who has shown no public inclination to leave and whose ideological preferences are already well protected by the current political environment, staying through the end of the term is entirely plausible.
Compared with the current market price of 66%, I think the market is a bit too optimistic on Yes. The price seems to be assigning substantial weight to age and the strategic retirement window, but those factors do not overcome the basic reality that voluntary Supreme Court retirements are still uncertain and often depend on private health, personal timing, and family considerations. I would price Yes below the market, though not dramatically below it, because the political incentive to retire under Trump is real and keeps this from being a clear No.
Arguments
For
- Arguments for Yes: Alito is already in the typical retirement range where justices often begin to step down.
- Arguments for Yes: Retiring under Trump would protect his seat from a possible future Democratic successor.
Against
- Arguments against Yes: He has not announced any intent to retire, and the recent public evidence points to continued service.
- Arguments against Yes: Many justices remain on the bench well past 76, so age alone does not make resignation likely.
Key drivers
- Alito’s age makes a retirement before 2029 increasingly plausible.
- A Republican president creates a favorable window for a strategic resignation.
- There is no public announcement or concrete signal that he plans to leave.
- Recent behavior suggests he remains actively committed to serving on the Court.
Risk factors
- He may prefer to remain on the Court through the full term despite the favorable political window.
- Unexpected health developments or personal circumstances are hard to forecast and could swing the outcome either way.
Scenarios
Best case
Alito decides to resign while Trump is still president, likely after timing it to maximize the chance of a like-minded successor and preserve the Court’s conservative balance.
Most likely
He remains on the Court for now, with retirement becoming more plausible in 2027 or 2028, but the final outcome still hinging on private health and personal timing.
Worst case
He stays on the Court through January 2029, either because he wants to continue serving or because he waits for a different personal or political moment that never arrives.
More from this day
- CompaniesKalshi1y
Starbucks total global stores in 2026
AI96%MKT9%Edge+87Hidden GemStarbucks is already above the 41,800-store threshold in its latest reported results, and management’s 2026 opening guidance makes an above-threshold 2026 report highly likely. I put the Yes probability at 96%.
- PoliticsKalshi1y
2026: Trump's bad year?
AI68%MKT10%Edge+58Hidden GemTrump already has multiple concrete 2026 setbacks in court, so the bear-case narrative looks more likely than not. The market’s 11% price appears too low unless the event definition is far narrower than the news flow suggests.
- PoliticsKalshi2y
Who will Trump pardon?
AI3%MKT47%Edge-44HypedBarron Trump receiving a presidential pardon by Jan. 21, 2029 looks extremely unlikely absent some new federal legal exposure. My independent estimate is 3%, far below the current market price.