Despite growing calls from some Democratic voices, Supreme Court Justice Sonia Sotomayor has no intention of retiring anytime soon, according to sources close to her.
These calls, often from liberal pundits, come as part of a strategy to see her replaced by a younger, liberal justice before Donald Trump’s second term begins.
Democratic Pressure for Retirement
Some Democrats have been urging the 70-year-old justice to retire, believing that President Joe Biden should appoint a successor while the party still controls the White House and Senate.
The concern is that if Sotomayor were to step down during a potential second term for Trump, it could allow him to nominate a fourth justice, further tilting the Supreme Court toward conservatism.
However, a person close to Sotomayor told The Wall Street Journal that she has no plans to retire.
“This is no time to lose her important voice on the court. She just turned 70 and takes better care of herself than anyone I know,” the source said.
Voices from the Left
Some on the left have suggested Sotomayor should step aside to avoid the risk of her passing away during a future Trump administration, which could lead to another conservative justice.
David Dayen, the executive editor of American Prospect, tweeted the day after the election, “This would probably be a good day for Sotomayor to retire.”
MSNBC host Mehdi Hasan also reposted an op-ed from April suggesting that Sotomayor should retire, arguing that with a Democratic president and Senate, it would be an ideal moment for her to step down.
Miranda Yaver, a political scientist at the University of Pittsburgh, also chimed in, saying Sotomayor should retire soon and let the Senate confirm her replacement before the end of the year.
Kamala Harris for the Court?
The suggestion that Vice President Kamala Harris could succeed Sotomayor has also been floated.
CNN analyst Bakari Sellers proposed that Harris, with her legal background, could be an ideal fit for the Supreme Court.
“You have a hell of a vice president right there who has a legal pedigree to sit on a Supreme Court,” he said.
Sellers seemed to relish the controversy the idea stirred, telling CNN, “Not only am I floating it, but I want to stir up everything.”
While the idea of replacing a sitting vice president with a Supreme Court justice is unprecedented, some Republicans have also hinted at it.
In July, former Trump aide Richard Grenell suggested that if Harris didn’t meet expectations, Sotomayor might be forced to step down, making room for her to take the vice president’s place on the Supreme Court.
What Would Happen If Sotomayor Steps Down?
If Sotomayor does choose to retire, the process would have to move quickly.
With only a few weeks left before Congress breaks for the Christmas holiday, a swift confirmation would be necessary.
If she were to pass away while serving, her death would echo the loss of liberal icon Ruth Bader Ginsburg, who died at 87 in 2020, paving the way for Trump’s nomination of Amy Coney Barrett.
Implications for the Future of the Court
Should Sotomayor retire or pass away during Trump’s second term, it would grant him the opportunity to appoint a fourth justice to the Supreme Court, solidifying a conservative majority.
Justices Clarence Thomas and Sam Alito, both of whom are in their 70s, could also step down, offering Trump even more chances to reshape the court for years to come.
The potential for such a shift has many on the left worried about the future ideological balance of the nation’s highest court.
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