How many Supreme Court justices will the President confirm?
I estimate a slightly better than one-in-three chance that the next President confirms exactly two Supreme Court justices during the 2025-2029 term. The most plausible paths are either no vacancies or one vacancy, but the current Court’s age profile keeps two confirmations very much in play.
Analysis
The core question is not whether the Court will have any openings, but whether the timing and politics line up for two openings within a single presidential term. There is a meaningful amount of vacancy risk over a four-year window because several justices are in their 70s, and even one retirement plus one unexpected death or resignation would get to two confirmations quickly. At the same time, Supreme Court turnover is lumpy, and many terms end up with zero or one confirmation simply because justices can and do stay on the bench longer than expected.
Historically, two confirmations in one term is plausible but not the modal outcome. It usually requires either a very favorable retirement cycle or a crisis-driven vacancy, and those are hard to forecast. The market’s emphasis on 0 and 1 as the main alternatives makes sense, but it may understate the nontrivial chance that aging justices create a second opening, especially over a term that still has several years remaining.
Compared with the current market price of 36% on Yes, my estimate is a bit lower but broadly aligned. I would not call this a major mispricing; instead, the market seems to be pricing the distribution fairly efficiently, with some recognition of both the age-related vacancy upside and the large amount of uncertainty around justices’ retirement behavior. My view is that exactly two confirmations is slightly less likely than the market implies, but not enough to warrant a strong contrarian position.
Arguments
For
- The Court’s age distribution makes at least two openings plausible over the term.
- If the President’s party controls the Senate, any vacancy is more likely to be filled promptly rather than left open.
Against
- Most presidential terms do not produce exactly two Supreme Court confirmations.
- The most likely paths are still zero or one vacancy, which together absorb a large share of the probability mass.
Key drivers
- Several justices are old enough that one or more vacancies before 2029 is a realistic possibility.
- The four-year term is long enough for multiple openings, but Supreme Court turnover is still highly uncertain and often clustered unpredictably.
Risk factors
- Justices may avoid retirement and no death or unexpected departure occurs, pushing the outcome to zero or one.
- A single retirement plus one unforeseen vacancy could easily make two confirmations happen even if the base rate looks modest.
Scenarios
Best case
At least two justices retire or otherwise leave the Court during the term, and the President successfully confirms replacements both times.
Most likely
The term produces one vacancy or none, with exactly two confirmations requiring an above-average retirement pattern or an unexpected second opening.
Worst case
No justices leave the Court, or only one vacancy occurs, so the outcome settles on 0 or 1 instead of 2.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 2 | 34% | 36% |
| 0 | 30% | 33% |
| 1 | 25% | 24% |
| 3 | 8% | 3% |
| 4 | 3% | 1% |
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