Which Supreme Court justices will resign during Trump's term?
Samuel Alito has a meaningful chance to leave the Court before Trump’s term ends, but resignation is still a fairly high bar for a justice who has shown no strong sign of stepping down. I put the probability below the market at 48%.
Analysis
Alito is old enough that a departure during the next few years is plausible, and the political incentives are straightforward: a conservative justice who wants a like-minded successor has a window under a Republican president. If his health, family circumstances, or desire to control the timing of a transition become salient, retirement or resignation before January 2029 would be very understandable. Age alone makes the event non-trivial, especially over a multi-year horizon.
At the same time, Supreme Court justices are notoriously slow to leave, and voluntary resignation is less common than people often assume. Alito has already served for many years and may prefer to stay as long as he remains capable, particularly given the Court’s importance and the fact that he could continue shaping major constitutional outcomes. There is also a distinction between a formal resignation and other ways he could depart; if the market is counting only a clear voluntary resignation, that tightens the bar considerably.
The current market price of 64% looks too optimistic to me. That level implies a departure is more likely than not by a wide margin, but the base rate for a sitting justice to resign over a roughly three-year period is still modest, even adjusting for age. I think the market may be overweighting the political logic of a Republican appointment window and underweighting the institutional inertia that keeps justices on the bench until they are well into their late 70s or 80s, or until an external health event forces the issue.
Arguments
For
- Alito is old enough that a normal retirement or resignation window is realistic within Trump’s term.
- If he wants a conservative successor, this is the best political environment he is likely to get.
Against
- There is no strong public sign that Alito is preparing to leave, and justices often resist stepping down.
- A formal resignation is a relatively rare event compared with simply staying on the bench until forced out by health or death.
Key drivers
- Alito’s age makes a departure before 2029 plausible on a multi-year horizon.
- A Republican president creates an unusually favorable timing incentive for a conservative justice to step down.
Risk factors
- Supreme Court justices often remain in office until very late in life, reducing voluntary resignations.
- The market may be conflating a possible retirement with the narrower event of an explicit resignation.
Scenarios
Best case
Alito decides to leave while Trump is in office, likely to secure a conservative replacement and control the timing of his exit.
Most likely
Alito continues serving for at least another substantial period, with resignation possible but far from guaranteed and more likely than not not happening before the term ends.
Worst case
Alito remains on the Court throughout Trump’s term, with no resignation and perhaps no departure at all before January 2029.
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