How many Supreme Court justices will the President confirm?
I put the chance of exactly two Supreme Court confirmations in the 2025-2029 term at 29%. That is meaningfully below the market’s 35% yes price, because two vacancies plus Senate confirmation is possible but still requires a fairly specific chain of events.
Analysis
The core issue is that a two-justice outcome needs not just one, but two Supreme Court vacancies to emerge and be filled before January 2029. That is inherently hard to forecast because justices have life tenure and vacancies only happen through death, retirement, resignation, or removal. The current court is stable, and while age creates some long-run retirement and mortality risk, there is no concrete reporting that two seats are likely to open on a near-certain timetable. That makes exactly two confirmations a plausible outcome, but not the default one.
The strongest argument for two confirmations is that the next four years is a meaningful window, and Supreme Court history shows that clustered vacancies can happen, especially when the Court is older. If the presidency and Senate align, confirmations themselves are usually feasible once a vacancy exists. Recent reporting about heavy federal judicial activity also suggests the confirmation machinery remains active, which matters because a president with a strong Senate coalition could move quickly when openings appear. Still, that is only a process advantage; it does not create the vacancies needed for this market to cash Yes.
Compared with the market’s 35% Yes price, I think pricing is a bit optimistic. The market appears to be leaning on the possibility of one or two aged-justice transitions and assuming at least two openings may arrive during the term, but the base rate for exactly two Supreme Court confirmations is still constrained by the rarity of vacancies. I would price Yes below one-third and No above two-thirds, with the most likely cluster still being one confirmation or none rather than exactly two.
Arguments
For
- The Court’s aging profile makes at least one or two vacancies over a four-year term a live possibility.
- If two openings do occur, a cooperative Senate can usually confirm nominees without extraordinary delay.
Against
- There is no specific evidence that two Supreme Court vacancies are imminent or already likely.
- Life-tenured seats are rare events, so exactly two confirmations is still a relatively narrow outcome.
Key drivers
- Two confirmations require two separate Supreme Court vacancies, which is the main bottleneck.
- Senate control and confirmation politics matter, but only after vacancies actually appear.
Risk factors
- An unexpected death, retirement, or resignation could accelerate the vacancy count quickly.
- If the president’s party controls the Senate for most of the term, confirmations could be fast once openings occur.
Scenarios
Best case
One or more justices retire, another seat opens through death or resignation, and the next President gets two confirmations with a friendly Senate before January 2029.
Most likely
The Court remains mostly unchanged, with one vacancy more likely than two and a nontrivial chance of zero confirmations.
Worst case
No Supreme Court vacancy emerges, or only one does, leaving the next President short of the two confirmations needed for Yes.
Outcomes
| Outcome | AI | MKT |
|---|---|---|
| 2 | 29% | 35% |
| 1 | 27% | 18% |
| 0 | 22% | 12% |
| 3 | 13% | 7% |
| 5 | 9% | 3% |
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