Who will be the next Supreme Court justice?
Andrew Oldham is a plausible longlist candidate, but the absence of a Supreme Court vacancy and the lack of any nomination signal make him a relatively low-probability outcome. I put his independent chance well below the market’s 23%, with other contenders like Neomi Rao and James Ho looking at least as plausible on the limited facts provided.
Analysis
On the facts provided, there is no affirmative evidence that Andrew Oldham is being selected, vetted, or nominated for a Supreme Court seat. The most important structural point is that the Court currently has no vacancy, which means Oldham cannot actually become the next justice unless a seat opens and a president chooses him over a range of alternatives. In that setting, even a prominent appellate judge with conservative credentials starts from a low base rate, because the event depends on multiple contingent political steps that have not yet begun to materialize.
Oldham does have the kind of résumé that keeps him in the conversation: he is visible, ideologically aligned with the conservative legal movement, and active in high-profile opinions and dissents that can reinforce his profile among Republican legal elites. But the same is true, to varying degrees, for several other names in the market, and nothing in the supplied news suggests Oldham has a special edge over them. If a vacancy emerges, the decision will likely turn on presidential preferences, Senate confirmability, and campaign-level politics rather than just judicial prominence, which makes the field much more fluid than the current ranking implies.
Relative to the market price of 23%, I think the market is a bit too confident in Oldham specifically. The pricing appears to be leaning on his visibility and the fact that he is a familiar, credible Supreme Court-style conservative, but it is underweighting the simple reality that there is no vacancy and no nomination path in motion. In a multi-candidate contest like this, I would spread more of the probability toward other plausible ideological and political fits rather than anchor on Oldham as the favorite.
Arguments
For
- Arguments for Yes: Oldham is a recognizable conservative appellate judge with a profile that fits many modern Supreme Court selection criteria.
- Arguments for Yes: If a vacancy opens during a Republican administration, his ideological alignment could make him a serious contender.
Against
- Arguments against Yes: There is no current vacancy, no nomination, and no direct evidence that he is under active consideration.
- Arguments against Yes: Several other contenders appear comparably plausible, so Oldham is not clearly the field’s standout choice.
Key drivers
- No Supreme Court vacancy is currently present, so the path to any next justice remains speculative and conditional.
- Oldham is visible and credentialed, but the market may be overvaluing name recognition relative to the actual nomination process.
Risk factors
- A sudden vacancy combined with a president who prefers Oldham could rapidly increase his odds.
- Public dissents and high-profile rulings could keep him in the front rank of future shortlist candidates.
Scenarios
Best case
A Supreme Court vacancy opens, a Republican president wants a relatively young and reliable conservative jurist, and Oldham emerges as the preferred nominee after a short and manageable confirmation process.
Most likely
Oldham remains a respected and frequently mentioned contender, but the next justice comes from another nominee or the seat never opens in the first place.
Worst case
No vacancy opens before January 2029, or a vacancy opens but the president chooses another candidate with greater political support or a clearer confirmation path.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| Andrew Oldham | 14% | 23% |
| Aileen Cannon | 11% | 12% |
| James Ho | 23% | 10% |
| Michael Park | 18% | 9% |
| Neomi Rao | 34% | 7% |
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