How many Supreme Court justices will the President confirm?
My independent view is that exactly two Supreme Court confirmations is possible but not the most likely outcome, and the market looks somewhat too optimistic on that specific number. I put the chance of exactly two at 24%, with the modal outcomes still being zero or one confirmation.
Analysis
The key factual point is that there is currently no visible Supreme Court vacancy and no announced nomination pipeline, so any path to two confirmations would require two separate openings to emerge over the rest of the term. Because Supreme Court vacancies are rare and life-tenured justices do not move on often, the baseline expectation should be centered on zero or one confirmation unless the Court experiences unusual turnover.
That said, a four-year presidential term is long enough for meaningful vacancy risk to accumulate. Age and health matter, and the Court has several justices who are not far from the range where retirement becomes plausible, so the probability of at least one opening is not trivial. Two openings are still substantially harder to get than one because they require either back-to-back retirements, an unexpected death, or a combination of planned and unplanned departures.
Relative to the market, I think 38% for exactly two is high. The market appears to be assigning substantial weight to a multi-vacancy scenario, but the news flow provided shows no current catalyst and the institutional history of the Court makes two confirmations a narrower outcome than the price implies. In my view, the market is overestimating the chance that the presidency is followed by a clean two-vacancy sequence, while underweighting the persistence of the status quo or a single-seat change.
Arguments
For
- There is still enough time in the term for multiple vacancies to appear, especially if one opening occurs early.
- Several current justices are at ages where retirement or health-related departure is plausible.
Against
- Supreme Court vacancies are infrequent, and exactly two requires a fairly specific chain of events.
- Current reporting shows no active Supreme Court opening or nomination process, which makes two confirmations an uphill case from today.
Key drivers
- No present Supreme Court vacancy or pending nominee makes two confirmations dependent on future, uncertain turnover.
- The remaining term is long enough that one or two vacancies can still happen, especially given age and health uncertainty among current justices.
Risk factors
- An unexpected retirement or death could quickly create momentum toward a second confirmation if the first vacancy happens early in the term.
- A change in the political environment could make strategic retirements more likely if a justice wants to time succession.
Scenarios
Best case
Two justices retire or otherwise leave the Court during the term, and the President fills both seats before January 2029.
Most likely
One vacancy arises at some point, producing a single confirmation, while a second opening does not materialize before the term ends.
Worst case
No justice leaves the Court, leaving the President with zero confirmations to the Supreme Court.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 2 | 24% | 38% |
| 0 | 40% | 35% |
| 1 | 28% | 18% |
| 3 | 6% | 3% |
| 4 | 2% | 1% |
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