Supreme Court predictions 2026-2027: who retires, who is named next, and how the big cases resolve
Key highlights
- Clarence Thomas, 78, and Samuel Alito, 76, are the two oldest sitting justices, so retirement speculation centers on them. Both are Republican appointees on a court split six Republican appointees to three Democratic appointees, per the Court's own biographies.
- The clearest Alito news event of 2026 was a confirmed non-event. NPR published a story on June 30, 2026 claiming Alito was retiring, then retracted it within six minutes after a reporter misheard Chief Justice Roberts announcing routine Court staff retirements as Alito's own.
- Kalshi runs two separate Alito contracts on different triggers: one on the announcement of his retirement, one on the effective date he actually leaves. For the same window, the announcement contract prices above the effective-date contract because the market prices the lag between saying and going, not disagreement about whether he goes.
- A cert grant is a long shot by design. The Court received 3,856 petitions in the 2024-25 term, and denials of paid petitions (those filed with the standard filing fee) ran 85.97 percent in the 2022 term, which is why most single-issue cert markets price in the teens or lower.
- The confirmation clock runs on Senate alignment, not a fixed calendar. Amy Coney Barrett was confirmed 38 days after Ruth Bader Ginsburg died, with the White House and Senate aligned before an election. Neil Gorsuch was confirmed 419 days after Antonin Scalia died, the longest gap of the nine-member era.
Polymarket and Kalshi price the run-up to Supreme Court decisions directly, since those decisions move law, markets, and the balance of the federal government at once. The contracts ask who becomes the next justice, whether a sitting justice actually retires, which cases the Court agrees to hear, and how the Court itself might change structurally. Each one pays out on one specific, publicly verifiable trigger.
Each of those four question types sits in a different market group.
How these markets settle.
- Next-justice and confirmation-count markets settle against the Senate's own confirmation record, verified through the Library of Congress.
- Retirement markets split into two families, both verified against named news organizations or the person's own statement: an announcement-triggered contract that pays on the day a justice announces a departure, and an effective-date contract that pays only once the justice actually steps down.
- Cert-grant markets settle on the Court's own orders list, the routine batch release of case grants and denials, confirmed through the Court's docket or credible legal reporting.
- Merits and rehearing markets settle on the text of a published opinion or order, read directly rather than inferred from a headline.
What moves these prices.
The Court's calendar moves in bursts: Conferences run on a fixed weekly cycle and orders post in batches, usually on the Monday morning after a conference, so a cert-grant market can sit flat for weeks and reprice in one tick on an order-list day rather than drifting. The Court posts its conference and order dates in advance on supremecourt.gov.
Announcement and effective-date contracts price a lag, not a disagreement: Kalshi's Alito contracts show the gap directly. For the same window, the announcement version trades higher because an announcement comes before the departure it announces.
A cert grant is a long shot by construction: The Court denied 85.97 percent of paid petitions in the 2022 term and hears well under 100 of the several thousand petitions filed each year. That keeps most single-case cert markets priced low, unless a circuit split has already formed. The AR-15 market shows the exception: cert was granted June 30, 2026, and the contract now prices a merits ruling rather than a long-shot grant.
A vehicle has to exist before a reconsideration market can move: The market asking whether the Court overturns Obergefell had no petition pending as of July 2026; the one case that raised the question, Davis v. Ermold, was denied review in November 2025.
Read the resolution source, not just the headline: Some contracts settle on a named news organization's reporting rather than the court record itself, so a market can still resolve No after a real event if the event is not reported the way the contract requires.
Check the venue before the price: Polymarket lists the Alito announcement dates, the 2026 vacancy market, the December birthright rehearing, and the sports-event-contract cert market. Polymarket blocks US persons, so those prices are information a US reader can use rather than contracts a US reader can trade. Everything else trades on Kalshi, a CFTC-regulated exchange open to US users.
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