Which Supreme Court justices will resign during Trump's term?
Samuel Alito is still plausible to step down before Trump’s term ends, but the most likely outcome is that he remains on the Court through January 2029. I would price this at about 28%, well below the current market implied probability.
Analysis
Alito is old enough that a resignation within the remaining Trump term is certainly possible, but age alone does not make it likely on this time horizon. Supreme Court justices often serve well into their late 70s and 80s, and Alito has shown no public signal of imminent departure; absent a major health event, the default expectation should be that he stays. The strongest reason to think about resignation is strategic timing, since a conservative justice may prefer to lock in a like-minded replacement while a Republican president is in office, but that logic only matters if he actually intends to leave soon, which is not currently evident.
The market’s 63% Yes price looks aggressive relative to the underlying demographics and institutional behavior. A 76-year-old justice is not beyond retirement age, but the remaining window is only about 2.4 years, and resignations by sitting justices are still relatively uncommon events. Because the market question is specifically about resignation during Trump’s term, it does not benefit from the broader possibility that Alito could eventually leave later; it requires a fairly near-term and somewhat binary personal decision. That makes the true probability meaningfully lower than the market implies unless there is private information about health or personal plans that has not surfaced publicly.
If the market is assigning a high probability, it may be implicitly betting on a health-driven or politically timed retirement, or on the idea that Alito views this as the last safe window to preserve his seat’s ideological successor. I think those arguments exist, but they are not strong enough to justify a probability above 50% without clearer signals. My independent view is that the event is more likely than not to be No, though not by a huge margin because the age and strategic incentives do keep Yes on the table.
Arguments
For
- At 76, Alito is at an age where retirements and resignations become more plausible.
- He may prefer to ensure a conservative successor is confirmed while Trump remains president.
Against
- There is no public indication that Alito is preparing to leave the Court soon.
- The remaining time window is limited, and justices often continue serving unless health or personal reasons force a change.
Key drivers
- Alito’s age makes a near-term departure possible, but not inherently probable.
- A Republican president creates a strategic incentive for a conservative justice to step down while replacement control is favorable.
Risk factors
- Unexpected health issues or personal circumstances could accelerate a resignation.
- Private intent to secure a successor before the end of Trump’s term could emerge without public warning.
Scenarios
Best case
Alito decides to resign before January 2029, likely for strategic or health reasons, allowing Trump to appoint a successor.
Most likely
Alito stays in place through Trump’s term, though the possibility of a surprise resignation remains material because of his age.
Worst case
He remains on the Court for the entire Trump term, with no resignation and no major health event prompting departure.
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