# Current state
No Supreme Court vacancy has opened since Trump's term began (2025-01-20); zero justices have been confirmed so far. The market resolves YES only if exactly 2 justices are confirmed by 2029-01-20. As of August 2026, both Alito (76) and Thomas (78, oldest sitting justice) have publicly stated intent to stay at least through the 2026-27 term, with no retirement announced — resolution remains entirely speculative and hinges on future vacancies plus Senate confirmation.
# Timeline of key events
- 2025-01-20: Trump's second term begins; Court composition unchanged, 9 sitting justices (confirmed).
- 2026-04 (mid): Alito briefly hospitalized for dehydration after a Federalist Society dinner, returned to work next Monday (confirmed, Forbes/CBS).
- 2026-04-16: CNN reports Trump "leaning in" on possibly replacing Alito and Thomas — speculative framing, no retirement confirmed (reported).
- 2026-05-06 to 05-14: Multiple outlets (Daily Record, Northeastern) analyze retirement politics; Trump tells Fox Business he's "prepared" to name 2-3 new justices if vacancies arise, while publicly hoping Alito/Thomas "stick around" (reported).
- ~2026-05 (undated within month): CBS/ABC report sources close to Alito and Thomas say neither plans to retire "this year"; Alito reportedly hiring clerks for next term, intends to serve into 2027 (reported).
- 2026-06 (June 23-25): Thomas turns 78, becomes clearly the oldest justice (confirmed).
- 2026-06-30: NPR erroneously reports Alito is retiring; story goes viral then is retracted within minutes (confirmed false/retracted).
- 2026-08-07/08: Alito publicly states "I'm here for another term," explicitly quashing retirement speculation (confirmed statement).
- 2026-08-11: Trump publicly praises Alito's decision to stay, calling him "one of the greatest of all time" (confirmed).
# Event
Will exactly 2 Supreme Court justices be confirmed during the 2025-2029 presidential term (Kalshi: "How many justices will the President confirm? — 2" bucket).
# Outcomes to forecast
Yes (exactly 2 confirmed) / No (not exactly 2 — i.e., 0, 1, or 3+)
# Kalshi market anchor
Current YES price: **36%** for the "2" bucket (KXNEWSCOTUSCONF-29JAN20-2). 7-day change: +5%; 30-day change: -19% (came down sharply from a high of 55% then partially recovered off a low of 30%). Thin market — avg. 68 contracts/day over 32 data points. This is the primary consensus to beat.
# Sub-question answers
1. **Kalshi tiers/full distribution?** — Only the "2" bucket price is directly available (36%). No explicit 0/1/3+ Kalshi prices were retrieved, but a related market "Not nine justices at term end" prices at 7.1% (implying low probability of *net* seat change, though this conflates deaths/retirements with confirmations/expansions). [kalshi_direct, kalshi_related]
2. **Confirmations/vacancies so far?** — Zero justices confirmed since Jan 2025; no vacancy currently open. [claude_news, CBS]
3. **Ages/health of oldest justices?** — Thomas is 78 (b. 1948, oldest sitting justice); Alito is 76 (b. 1950), briefly hospitalized for dehydration in April 2026 but returned to work; both have stated no retirement plans and Alito says he's serving "another term" (into 2027+). Roberts (b. 1955) and Sotomayor (b. 1954) are younger and not flagged for health concerns in this research. [Wikipedia, CBS, ABC, Forbes, KSL/NYPost Aug 2026]
4. **Historical base rate?** — Since 1901, across 31 four-year terms: exactly 2 confirmations occurred in ~29.0% (9/31) of terms; ≥2 occurred in ~61.3% (19/31); average ~2.0 confirmations/term. [code_execution model]
5. **Actuarial/retirement hazard model?** — Monte Carlo (mortality + ~14%/yr retirement hazard for Thomas/Alito) gives raw P(exactly 2 vacancies)=35.1%, P(≥2 vacancies)=59.2% before confirmation friction; after applying ~90% (yrs 1-3) / ~60% (yr 4, election-year gridlock) confirmation discount: P(exactly 2 confirmed)=31.4%, P(≥2 confirmed)≈47.3%. [code_execution]
6. **Senate control effects?** — Research flags that GOP strategists want to avoid a Ginsburg-2020-style scenario (dying under opposing president) and that the 2026 midterms are viewed as a key strategic deadline for retirements; no explicit post-midterm Senate composition data was retrieved, but if Democrats retake the Senate, later-term confirmations become much harder — consistent with the model's reduced year-4 confirmation probability. [Forbes, Northeastern, code_execution]
# Key facts (high-confidence, factual)
1. [Kalshi] "2" bucket priced at 36% currently, down from a 55% high 30 days ago.
2. [CBS/ABC, Aug 2026] Alito has explicitly said he's staying "for another term," and sources say Thomas has no retirement plans either.
3. [Wikipedia] Thomas (78) is the oldest justice; Alito (76) is second-oldest among the "big four" watched (Roberts 71, Sotomayor 72).
4. [code_execution] Historical P(exactly 2)/term ≈ 29%; P(≥2) ≈ 61% since 1901.
5. [claude_news] Zero confirmations have occurred in Trump's second term through mid-2026.
# Cross-market signals
- Kalshi related: "Which justices will resign — Samuel Alito" priced at 56% (down from 75% 30-day high) — high but declining resignation odds for Alito specifically. "Not nine justices at term end" only 7.1%, suggesting low market-implied probability of any net seat change by term's end (in tension with the 36% "exactly 2" price and 56% Alito-resign price — possible mispricing/arbitrage opportunity across this ladder).
- "Next justice — Amul Thapar" at only 6%, reflecting no clear consensus nominee, consistent with no imminent vacancy.
- Polymarket: no matching markets found.
# Analyst opinions and speculation
- Speculation is high but unconfirmed: outlets (CNN, Forbes, Northeastern) frame Alito/Thomas retirement as strategically likely before/around 2026 midterms to avoid a Ginsburg-2020 repeat, but skeptics (Ilya Shapiro) call it "rumors based on rumors."
- Trump has publicly said he's "prepared" to name 2-3 justices if openings occur, but also publicly wants Alito/Thomas to stay — mixed signaling.
- A false NPR retirement report (June 2026) shows market/media sensitivity to any retirement rumor, inflating volatility without informational content.
# Directional lean per outcome
- **Yes (exactly 2):** Supported by historical base rate (~29%) and Monte Carlo model (~31%) both converging near Kalshi's 36% price; two high-hazard justices (Thomas 78, Alito 76) create a plausible "2-vacancy" scenario. Opposed by both justices' recent (Aug 2026) explicit statements they're staying, reducing near-term vacancy probability.
- **No (0, 1, or 3+):** Supported by zero vacancies/confirmations so far, explicit no-retirement statements, and possible post-midterm Senate flip risk reducing late-term confirmability (favors 0 or 1). Also possible if 3+ vacancies emerge (less likely given only 2 justices are elevated-risk).
# Gaps / unknowns
- No confirmed 2026-midterm Senate outcome/composition in research — critical for late-term confirmability.
- No explicit Kalshi prices for "0", "1", "3+" buckets to fully reconcile the ladder against the 36% anchor.
- No health data on Roberts/Sotomayor beyond age; no incapacitation scenarios discussed.
# Calibration anchors
- Kalshi current YES price: 36% (anchor), volatile (30-55% range in 32 days).
- Historical base rate: exactly-2 ≈ 29% per term since 1901; ≥2 ≈ 61%.
- Monte Carlo model: exactly-2 ≈ 31.4%, ≥2 ≈ 47.3%.