How many Supreme Court justices will the President confirm?
I put the probability of exactly one Supreme Court confirmation at 35%, a bit below the market. The age profile of the Court makes at least one vacancy plausible, but two confirmations are close enough that one is not the clear dominant outcome.
Analysis
The core question is not whether the President wants to confirm a justice, but whether a vacancy appears and the Senate can confirm a nominee before the term ends in January 2029. With roughly 2.5 years left, the Court’s older bloc creates a real vacancy risk, but the short remaining window also means timing matters a lot; a vacancy in late 2028 is very different from one in 2026. That makes exactly one confirmation a plausible outcome, but not one that should be treated as overwhelmingly likely.
My independent read is that one confirmation is slightly more likely than zero, but not by enough to justify a very high price. The same age and tenure profile that supports a single opening also leaves meaningful tail risk for two openings, especially if a retirement is strategically timed or if there is an unexpected death or health event. In addition, Senate control and election timing can turn a would-be vacancy into a delayed or blocked confirmation, which trims the exact-one scenario more than the headline vacancy probability suggests.
Compared with the market, I am a touch less bullish on exactly one and a bit more open to the tails. The market’s 40% on one looks slightly rich relative to the combined weight on zero and two, because the path to a second confirmation is not remote and the path to no confirmations is still very live given the limited time remaining. This is not a dramatic mispricing, but the market appears to understate how often the outcome could land on zero or two rather than exactly one.
Arguments
For
- Arguments for Yes: At least one justice is in an age range where retirement or mortality risk is nontrivial over the next 2.5 years.
- Arguments for Yes: If a vacancy opens while the President’s party can still confirm nominees, a single successful confirmation is the natural central case.
Against
- Arguments against Yes: The remaining term is short, so there is still a substantial chance that no vacancy opens at all.
- Arguments against Yes: The same aging profile that makes one vacancy likely also leaves meaningful odds of two confirmations, which would make the exact-one bet lose.
Key drivers
- The age and health profile of the current justices makes at least one vacancy plausible before 2029.
- The remaining time in the term is short enough that vacancy timing and Senate control can materially change the exact confirmation count.
Risk factors
- An unexpected retirement or death could create a second vacancy and push the outcome away from exactly one.
- A Senate shift or a delayed nomination process could prevent a vacancy from becoming a confirmed justice.
Scenarios
Best case
One vacancy opens early enough for a clean Senate confirmation, and no second vacancy emerges before the term ends.
Most likely
The Court sees one meaningful vacancy risk event, but the distribution remains broad enough that zero or two confirmations are nearly as plausible as exactly one.
Worst case
No vacancy opens, or a vacancy does open but political conditions or timing prevent a confirmation, leaving the exact-one outcome at No.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 1 | 35% | 40% |
| 2 | 32% | 31% |
| 0 | 21% | 19% |
| 3 | 8% | 5% |
| 4 | 4% | 2% |
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