Which Supreme Court justices will resign during Trump's term?
I think Alito is meaningfully less likely to resign during Trump’s term than the market suggests. Age and the strategic appeal of a Trump-era replacement make it possible, but the absence of any concrete exit signal and his continued active role point to a sub-50% chance.
Analysis
Samuel Alito is 76 and therefore within the age range where a Supreme Court retirement becomes plausible, but age alone is not a strong predictor of resignation on this Court. He remains publicly active in major cases, there is no confirmed retirement or resignation announcement, and recent reporting points more to routine participation and rumor churn than to any genuine transition planning. In practice, that means the evidence supports a real but not dominant chance of departure before January 2029.
The strategic incentive is real: if Alito ever intends to leave, Trump’s term is the cleanest window to lock in a like-minded successor. That said, Supreme Court justices often defer retirement far longer than outside observers expect, especially when there is no health crisis, no obvious institutional pressure, and no public signal of an imminent departure. A justice can also be motivated to stay in place to shape outcomes in the short run, which makes an announced resignation far from automatic.
Compared with the current 68% market price, my read is that the market is too optimistic on a resignation. Traders are likely overweighting age and the possibility of strategic timing, while underweighting the fact that Alito has shown no concrete sign of leaving and that many justices at similar ages remain on the bench for years. I would price this closer to the mid-40s unless new information emerges about health, family circumstances, or an explicit transition decision.
Arguments
For
- At 76, Alito is at an age where justices often begin seriously considering retirement.
- If he wants a conservative successor, Trump’s term is the best available opportunity to secure one.
Against
- There is no confirmed resignation, retirement announcement, or even a strong public signal that he is preparing to leave.
- He remains active in high-profile cases, which is more consistent with continued service than with winding down.
Key drivers
- Alito’s age makes a resignation possible within a 2.5-year window, but not likely enough to justify certainty.
- He has no confirmed retirement plan and is still participating in major cases, which argues against an imminent exit.
- Trump’s term creates a strong strategic incentive to leave now if he ever plans to leave at all.
Risk factors
- A sudden health issue or personal circumstance could accelerate a retirement announcement.
- Political or strategic timing could lead him to resign sooner than expected if he wants a Trump-appointed successor.
Scenarios
Best case
Alito decides to retire or resign while Trump is still in office, likely to ensure a like-minded replacement and preserve his judicial legacy.
Most likely
He continues serving without any resignation announcement for now, and the probability of departure remains a live but still uncertain strategic bet.
Worst case
He stays on the Court through the entire Trump term and beyond, making this market a clear No.
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