Which Supreme Court justices will resign during Trump's term?
Samuel Alito has a meaningful chance to step down before Trump’s term ends, but the market looks too confident. I would put the probability closer to the mid-50s than the high-60s.
Analysis
Alito will be 79 by the end of Trump’s term, which makes a departure plausible on age and health grounds alone. Supreme Court justices often time retirements strategically, and a Republican president with a GOP Senate creates a favorable window for a conservative justice to exit without risking ideological loss. That said, Alito has shown no public indication that he is preparing to leave, and justices with strong institutional pride often serve well into advanced age unless health or family considerations force a change.
The biggest reason to moderate the probability is that “resign” is a narrower outcome than leaving the Court in general. Many justices ultimately depart because of death or incapacity rather than a formal resignation, and those outcomes do not count here. Even with favorable politics, the base rate of a voluntary retirement over a roughly 3.5-year horizon is not overwhelmingly high, especially for a justice who may believe staying on protects the Court’s conservative bloc.
The market price near 69% implies a very strong expectation of an orderly, politically timed exit, but that seems aggressive given the lack of confirming signals. The more defensible view is that resignation is somewhat more likely than not, yet still far from a near-certain event; the market may be over-weighting age and political incentives while under-weighting the possibility that Alito simply remains on the bench through the term.
Arguments
For
- Arguments for Yes: Alito will be well into his late 70s during the term, which is a common retirement window for justices.
- Arguments for Yes: The current political environment is favorable for a conservative justice to step down and secure a like-minded replacement.
Against
- Arguments against Yes: There is no public sign that Alito intends to resign soon.
- Arguments against Yes: A justice with strong ideological priorities may stay on the bench to preserve influence as long as possible.
Key drivers
- Alito’s age makes a departure during the term plausible as he approaches 80.
- A Republican presidency and likely opportunity to replace him lower the political cost of retiring.
Risk factors
- He may prefer to stay on the Court unless health issues or a personal reason force a change.
- The market may be conflating voluntary resignation with any kind of departure, including death or incapacity.
Scenarios
Best case
Alito chooses a politically timed retirement while Trump can nominate his successor, making a Yes outcome cleanly and early.
Most likely
Alito stays for at least part of the term, but the age and political incentives keep a voluntary resignation meaningfully live, making departure possible though not as likely as the market suggests.
Worst case
Alito remains on the Court throughout Trump’s term, with no resignation before January 2029.
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