How many Supreme Court justices will the President confirm?
I estimate a materially lower chance than the market that the next president confirms exactly two Supreme Court justices. The most likely outcomes are still 0 or 1, with 2 plausible but not the modal case.
Analysis
The core issue is vacancy frequency, and two confirmations in a single four-year term is possible but still a relatively demanding sequence of events. The Court is not especially young, so a first vacancy is quite plausible over the term, but getting to a second confirmation usually requires either an additional retirement, an unexpected death, or a very favorable political alignment that keeps the seat fillable when the vacancy appears. That makes exactly two a real tail scenario rather than the base case.
Historically, most presidential terms produce zero, one, or two Supreme Court confirmations, with two being achievable but not commonplace. The current composition makes one confirmation more likely than zero if the term runs normally, but the jump from one to two is a meaningful additional hurdle because it depends on another independent event occurring within the same limited window. In other words, the distribution should probably be centered around 0-1-2, not heavily concentrated on exactly two.
The market’s 42% for exactly two looks high relative to that structure. I think it is overpricing the combination of aging justices and the intuitive appeal of “at least one likely, maybe two,” while underweighting how often only one vacancy materializes over a four-year horizon. My independent estimate puts exactly two around 30%, with zero and one collectively more likely than the market implies.
Arguments
For
- A four-year presidential term is long enough for two separate Supreme Court vacancies to occur.
- Several justices are old enough that the probability of at least one retirement or death is not trivial.
Against
- Two vacancies are not guaranteed, and the modal historical outcome remains fewer than two confirmations.
- If only one vacancy occurs, the exact-two outcome fails even though the term may still be highly active.
Key drivers
- The age profile of the Court makes at least one vacancy during the term plausible.
- Exactly two confirmations requires a second vacancy or retirement inside a relatively short four-year window.
Risk factors
- An unexpected death or early retirement from a senior justice could quickly make two confirmations the most likely outcome.
- Political conditions may favor prompt confirmation if one or two openings arise, increasing the chance that every vacancy gets filled.
Scenarios
Best case
One or more older justices leave the Court early in the term, and the president successfully confirms two replacements before the term ends.
Most likely
The president confirms either zero or one justice, with exactly two remaining a meaningful but not dominant possibility.
Worst case
No justice leaves the Court, or only one vacancy occurs and is filled, leaving the exact-two outcome unmet.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 2 | 30% | 42% |
| 0 | 33% | 29% |
| 1 | 25% | 24% |
| 3 | 8% | 3% |
| 4 | 4% | 1% |
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