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Supreme Court predictions 2026-2027: who retires, who is named next, and how the big cases resolve
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LIVEPolitics· August 4, 2026

Supreme Court predictions 2026-2027: who retires, who is named next, and how the big cases resolve

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.

Each group settles on a different chain of evidence, and reading that chain matters more than the market's title.
  • 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.

Total Volume
Active Markets
Platforms
These totals cover only the next justice, retirement watch, cases and cert grants, and the Court itself. Kalshi and Polymarket list more Supreme Court markets than these.

A decade of Supreme Court vacancies, retirements, and rulings.

2016
Scalia's death and a record vacancy
Market impact: The 422-day gap between Scalia's death and Gorsuch's swearing-in sets the outer bound for pricing the confirmation-count and next-justice markets: a divided Senate can leave a seat, and its market, open for well over a year.
2017
Confirmation drops to a simple majority
Market impact: Confirmation now needs only a simple Senate majority, not the 60 votes the filibuster rule required before 2017, so confirmation-timing markets price on head count alone; a Senate minority can no longer stall a nominee indefinitely.
May 14, 2018
Murphy v. NCAA ends the federal sports-betting ban
Market impact: The ruling that struck down PASPA is the direct ancestor of today's sports-event-contract fight; Caesars and Churchill Downs rallied within hours; a Court ruling can move real prices the same day even with no prediction market watching.
2018
Kennedy retires, Kavanaugh confirmed
Market impact: Kavanaugh's confirmation contract swung from 35 percent during Ford's testimony to near 90 percent by the floor vote, a benchmark for how far a single hearing day can move a next-justice market.
2020
Ginsburg's death, the fastest modern confirmation
Market impact: Barrett's 30-day confirmation is the fastest of the modern era, yet a separate contract on confirming her before Election Day still swung from 87 cents to 56 cents on Trump's COVID hospitalization; even a fast, aligned confirmation repriced on unrelated news.
2022
Breyer's negotiated retirement
Market impact: A negotiated, contingent retirement resolves calmly and on schedule, the smoothest case in the record; it is the model for how an Alito retirement would price if he announced his own exit on similar terms.
Nov 2025
The one Obergefell vehicle closes
Market impact: A reconsideration market needs a live petition to move at all. With the one vehicle denied without dissent, a market on the Court overturning Obergefell has no near-term case to reprice on until a new petition is filed.
Feb 2026
The IEEPA tariffs struck down
Market impact: The ruling itself settled its legal question in a single day, but the refund question stayed unresolved five months later, the reason a market pricing a ruling's downstream consequences can stay live long after the market on the ruling itself has already settled.
Mar 2026
The AI-authorship case denied
Market impact: A cert denial on a narrow question does not resolve a broader fight; this one turned on authorship, not on the training-data copyright dispute, so the broader cert question stayed open.
Jun 2026
Two marquee rulings land the same day
Market impact: Both rulings landed the same day, exactly the pattern the Court's late-June clustering predicts: its hardest, most contested opinions land right before summer recess, so late June is when cert and merits markets are likeliest to move in a single tick.
Jun 2026
A retraction, not a retirement
Market impact: The six-minute retraction is the cleanest case for reading the announcement-versus-effective-date split literally: a market pricing Alito's retirement off unverified wire reports would have spiked and reversed within minutes on one misheard sentence.

The nine sitting justices.

The nine justices split six Republican appointees to three Democratic appointees, per the Court's own biographies. Ages are as of July 28, 2026.
JusticeAppointed byTook seatAge
John G. Roberts Jr. (Chief Justice)George W. Bush200571
Clarence ThomasGeorge H.W. Bush199178
Samuel A. Alito Jr.George W. Bush200676
Sonia SotomayorBarack Obama200972
Elena KaganBarack Obama201066
Neil M. GorsuchDonald Trump201758
Brett M. KavanaughDonald Trump201861
Amy Coney BarrettDonald Trump202054
Ketanji Brown JacksonJoe Biden202255

How long a vacancy takes to fill.

Nomination-to-confirmation timing depends far more on Senate alignment than on how the seat opened. A negotiated retirement with a friendly Senate can move in weeks; a death mid-term with divided government can take well over a year.
VacancyNomineeNominatedConfirmedTime to confirmSenate vote
Antonin Scalia (died Feb 13, 2016)Neil GorsuchJan 31, 2017Apr 7, 201766 days after nomination; 419 days from vacancy to confirmation, the longest of the nine-member era54-45
Anthony Kennedy (announced retirement Jun 27, 2018)Brett KavanaughJul 9, 2018Oct 6, 201889 days after nomination50-48
Ruth Bader Ginsburg (died Sep 18, 2020)Amy Coney BarrettSep 26, 2020Oct 26, 202030 days after nomination, the shortest span since 197552-48
Stephen Breyer (announced retirement Jan 27, 2022, contingent on a successor)Ketanji Brown JacksonFeb 25, 2022Apr 7, 202241 days after nomination; sworn in Jun 30, 2022 when Breyer's retirement took effect53-47

How a Supreme Court appointment works.

The President appoints Supreme Court justices with the advice and consent of the Senate, and each stage of that process has its own market family. Justices serve for life; a seat only opens through retirement, resignation, or death, which is why the retirement contracts sit at the front of the chain.
StageWhat happensThe markets that price it
A seat opensA justice retires, resigns, or dies. Retirement can be announced long before it takes effect, which is why announcement and effective-date contracts trade separately.Retirement watch: the two Alito contract families, the 2026 vacancy market, resignations through 2029
The President nominatesThe President names one nominee; there is no deadline and no requirement to pick a sitting judge.The next-justice ladder, one contract per named candidate
Committee hearingsThe Senate Judiciary Committee holds hearings and votes on whether to report the nomination to the floor.No standalone market; the ladder and confirmation markets reprice on hearing news
The Senate votesConfirmation takes a simple majority, a threshold in place for Supreme Court nominations since April 2017.New justice confirmed by date; how many justices confirmed by 2029
The justice is seatedThe confirmed nominee takes the judicial oath and the Court's composition changes.Court composition at the end of the term (the six-to-three splits)

The cases these markets are watching.

Every market's question is paired with the case's actual procedural status, since several of these questions sit next to a different, already-decided merits case.
Case or questionMarketStatus
Sports event contracts and state gambling lawSCOTUS accepts sports event contract case by...?No petition filed as of Jul 28, 2026. The Third Circuit ruled for Kalshi Apr 6, 2026; New Jersey's extension to file a cert petition runs to Aug 4, 2026.
A new Trump tariff caseWill the Supreme Court hear a case on Trump's tariffs in 2026?Distinct from the IEEPA tariff case already decided Feb 20, 2026. No petition on a separate tariff authority had been identified as of Jul 28, 2026.
Rehearing of the birthright citizenship rulingSCOTUS grants Trump Birthright Citizenship Rehearing by December 31?Trump v. Barbara was decided Jun 30, 2026, striking down Executive Order 14160. A separate Kalshi contract asking the same question through Jan 1, 2027 settled No. This Polymarket contract asks only whether the Court grants a rehearing of that decision by December 31, 2026.
Overturning Obergefell v. HodgesWill the Supreme Court overturn gay marriage?No pending petition identified. The one vehicle raised, Davis v. Ermold, was denied cert Nov 10, 2025.
Transgender athletes in girls' and women's sportsWill US Supreme Court ban transgender girls and women from female sports teams?The related merits case, Little v. Hecox and West Virginia v. B.P.J., was decided Jun 30, 2026, upholding state laws barring transgender athletes from girls' and women's school sports. This market's contract requires a Supreme Court ruling that itself bans transgender athletes from women's sports before Jan 1, 2029; the June ruling upheld state bans without imposing one.
AI and copyrightWill the SCOTUS hear a case about AI and copyright law before 2027?Thaler v. Perlmutter, the one AI-copyright case, was denied Mar 2, 2026 on a narrow authorship question. No cert petition on the broader AI-training fair-use fight had been filed.
The right to possess AR-15-platform riflesWill SCOTUS recognize a right to possess AR-15-style rifles?Cert granted Jun 30, 2026 (Viramontes v. Cook County and Grant v. Higgins, consolidated). Briefing runs through Oct 2026, argument is expected in fall 2026, and a decision is expected by June 2027, inside the market's Jan 2030 window.

What past rulings did to markets and policy.

A ruling's holding lands the day the opinion is published, but its measurable consequences resolve on a much longer timeline, and that gap is the benchmark for pricing how far any Supreme Court market can move. In the roughly seven and a half years after Murphy v. NCAA, legal sports betting grew from seven states to $166.94 billion in annual wagers, and that industry is the origin of the sports-event-contract fight now back before the courts.
RulingHoldingMeasurable aftermath
Bush v. Gore (2000)The Court's per curiam decision halted Florida's recount on equal-protection grounds and effectively decided the presidential election in George W. Bush's favor.Bush's certified Florida margin stood at 537 votes, and Gore conceded the day after the ruling.
Citizens United v. FEC (2010)The Court held that political spending by corporations and unions is protected speech, opening the door to unlimited independent political spending.Dark-money groups have spent at least $4.3 billion on federal elections since the ruling, with a record $1.9 billion in the 2024 cycle alone, up from about $1 billion in 2020.
Murphy v. NCAA (May 2018)The Court struck down the federal ban on state-authorized sports gambling, ruling 6-3 that it violated the Tenth Amendment, and returned the legalization decision to the states.Sportsbook and casino stocks rallied the same day, Caesars up more than 8 percent and Churchill Downs up 4.87 percent; the market it created handled $166.94 billion in wagers and $16.96 billion in revenue in 2025 alone.
South Dakota v. Wayfair (Jun 2018)The Court overturned the physical-presence rule, letting states require out-of-state sellers to collect sales tax even without a physical presence there.States that reported data collected $3.2 billion in remote-seller sales tax in 2018 and $23.3 billion by 2021, a roughly sevenfold increase in three years.
Dobbs v. Jackson (2022)The Court overturned Roe v. Wade and Planned Parenthood v. Casey, holding there is no federal constitutional right to abortion and returning the question to the states.As of December 2025, 13 states have total abortion bans, and the 62 clinics that operated in those states in 2020 have all closed. Nationally, clinicians still provided about 1.12 million abortions in 2024, the shift moving across state lines rather than disappearing.
Loper Bright v. Raimondo (2024)The Court overruled the 40-year-old Chevron deference doctrine, holding that courts, not agencies, must independently resolve statutory ambiguity.Courts cited the ruling more than 400 times in its first six months, against roughly 450 citations a year across Chevron's entire 40-year run; a federal court used it within a year to strike down an FDA rule regulating lab-developed tests.
The IEEPA tariff ruling (Feb 2026)The Court held 6-3 that the International Emergency Economic Powers Act does not authorize the president to impose tariffs, striking down the administration's IEEPA-based tariffs.The Court left refunds unresolved and remanded that question to the lower courts; within hours the administration issued a new 10 percent tariff on all countries under different authority, effective four days later.

Live Supreme Court markets.

events · markets
KLSH
The next justice markets
Who will be the next Supreme Court justice?
Andrew Oldham
KLSH
The next justice markets
New Supreme Court justice confirmed?
Before
KLSH
The next justice markets
How many Supreme Court justices will the President confirm?
justice confirmed-
KLSH
The next justice markets
What will the Supreme Court look like at the end of Trump's term?
Republican-appointed, Democratic-appointed
KLSH
Retirement watch markets
When will Justice Alito retire from the Supreme Court?
Before Sep, -
KLSH
Retirement watch markets
Will Samuel Alito announce his retirement? (Kalshi)
Before Oct,
POLY
Retirement watch markets
Will Samuel Alito announce his retirement by...? (Polymarket)
By September, -
POLY
Retirement watch
Supreme Court vacancy in ?
At least one vacancy in -
KLSH
Retirement watch markets
Which Supreme Court justices will resign during Trump's term?
Samuel Alito+
POLY
Cases and cert grants
SCOTUS accepts sports event contract case by...?
By December, -
KLSH
Cases and cert grants
Will the Supreme Court hear a case on Trump's tariffs in ?
Cert granted on a tariff case-
POLY
Cases and cert grants
SCOTUS grants Trump Birthright Citizenship Rehearing by December ?
Rehearing formally granted+
KLSH
Cases and cert grants
Will the Supreme Court overturn gay marriage?
Obergefell overturned+
KLSH
Cases and cert grants
Will US Supreme Court ban transgender girls and women from female sports teams?
Court rules to ban trans athletes
KLSH
Cases and cert grants
Will the SCOTUS hear a case about AI and copyright law before ?
Cert granted on AI copyright+
KLSH
Cases and cert grants
Will the SCOTUS hear a case about flag burning before ?
Cert granted on flag burning
KLSH
Cases and cert grants
Will the Supreme Court hear a 3rd Amendment case before Trump's term ends?
Cert granted on a 3rd Amendment case+
KLSH
The Court itself
Will the size of the Supreme Court be changed during Trump's Presidency?
Court size changes
KLSH
The Court itself
Will any Supreme Court Justice be charged with a federal crime?
Justice charged with a federal crime
KLSH
The Court itself
Will Trump talk to a sitting Supreme Court justice?
Trump and a justice meet or talk+
KLSH
The Court itself
Will SCOTUS recognize a right to possess AR--style rifles?
Right to AR-15s recognized

Frequently asked questions.

  1. How do cert-grant prediction markets resolve?

    They resolve on the Supreme Court's own orders list, the batch release of case grants and denials the Court issues after its private conferences, which is confirmed through the Court's docket or credible legal reporting. A cert grant needs the votes of at least four of the nine justices, the rule of four. The Court grants only a small fraction of the several thousand petitions filed each term, so most single-case cert markets price low until a real circuit split or emergency application signals the justices are close to taking the issue up at conference.

  2. Why do these markets jump at the end of June?

    The Court's hardest, most contested opinions cluster in the final weeks before its summer recess: these are the ones with dissents and concurrences that take longest to negotiate. The birthright-citizenship and transgender-athletes rulings both landed June 30, 2026, the same day the Alito retirement contracts had to price NPR's false retirement story.

  3. What happens to a retirement market if nothing happens?

    Each contract has its own deadline and resolves No if the named event has not occurred by then. Kalshi's Alito contracts split into an effective-date family, which needs an actual resignation, and an announcement family, which pays on a public statement of intent regardless of when the departure takes effect. Reading which family a contract belongs to matters more than its headline.

  4. How is the next-justice ladder structured?

    It is a single Kalshi market with one contract per named candidate, each resolving Yes only if that person is the first confirmed to a Supreme Court seat by January 20, 2029. No name is officially nominated as of July 2026; the ladder tracks reported shortlist names, mostly sitting federal appellate judges. If no vacancy opens, every contract in the ladder resolves No.

  5. Where does the settlement data come from?

    It varies by market family. Confirmation and count markets cite the Library of Congress. Retirement markets cite named news organizations, official government records, or the justice's own statement. Some cert and rehearing markets settle on reporting from a defined list of news agencies rather than the court record directly, so the same real-world event can settle a market differently depending on how it is covered.

  6. Why do the Kalshi and Polymarket Alito contracts price differently for the same date?

    They are not asking the same question. Kalshi runs a separate effective-date contract and announcement contract for Alito; Polymarket runs only an announcement contract. Comparing an effective-date price to an announcement price will always show a gap, since the effective date, by definition, comes after any announcement.

  7. What is the rule of four?

    It is the Court's own norm that four of the nine justices, not a majority of five, can vote to grant a petition for certiorari and put a case on the docket. It is one reason a cert-grant market can move on a single dissent from a cert denial, since that dissent often signals the vote was close to four.

  8. Why does a market on transgender athletes in sports still exist after the Court already ruled?

    The Court's June 30, 2026 ruling in the consolidated Idaho and West Virginia cases upheld those states' own laws barring transgender athletes from girls' and women's school sports; it did not itself impose a nationwide rule. The open contract asks a stricter question: it resolves Yes only if the Supreme Court itself rules to ban transgender athletes from women's sports before January 1, 2029. A ruling that lets states set their own bans does not meet that bar.

  9. How many justices are on the Supreme Court?

    Nine: one Chief Justice and eight Associate Justices, a number Congress fixed in 1869. Nine is not constitutionally required, which is why a market trades on whether the size of the Court changes before January 20, 2029.

  10. How long do Supreme Court justices serve?

    For life. The Constitution lets federal judges hold office "during good Behaviour," the document's own phrase, so there is no term limit and no mandatory retirement age; a seat opens only through retirement, resignation, death, or removal. That is what makes retirement timing a tradable question: the decision belongs entirely to the justice.

  11. Can a Supreme Court justice be impeached?

    Yes. The House can impeach a justice by majority vote and the Senate can remove one with a two-thirds vote, the same process used for presidents. It has happened once: Samuel Chase was impeached in 1804 and acquitted in 1805. No justice has ever been removed, which is context for the market on whether a sitting justice is charged with a federal crime.

  12. When will the Supreme Court rule on tariffs?

    It already has once: the Court decided the consolidated IEEPA tariff cases on February 20, 2026, holding the statute does not authorize the president to impose tariffs. The open market asks a different question: whether the Court grants certiorari to a new case primarily about Trump tariffs before January 1, 2027.

Robert C.
Robert C.

Founder & CMO

Legal training meets poker bankroll management. 10 years of content marketing scaled to millions of pageviews. Runs the editorial side, turning platform research and live market data into the answers traders actually search for.

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