Democrat U.S. senators and other party members are mulling convincing Supreme Court Justice Sonia Sotomayor to resign so President Joe Biden can replace her with another leftist judge before President-elect Donald Trump takes office on Jan. 20.
The 70-year-old Sotomayor, nominated by then-President Barack Obama in 2009, is the oldest Democrat-appointed justice on the court.
She’s also a life-long diabetic. In 2018, paramedics were called to her home after the justice suffered “symptoms of low blood sugar.”
Lawmakers long have known about Sotomayor’s health issues, but as with Biden’s cognitive issues, Democrats refrained from admitting potential problems caused by the condition.
Now, Democrats see Sotomayor’s situation as a way to seat someone on the high court before Trump takes office with Republicans in control of the Senate. The GOP won a majority in the chamber during Tuesday’s elections.
A Democrat senator told Politico that the topic has been discussed by members, who realize making an attempt to replace Sotomayor would be “a risky play,” according to the outlet.
Also, no senator appears to be willing to be the first person who publicly calls for Sotomayor to step down.
However, Democrats have discussed possible replacements, with D.C. Circuit Judge J. Michelle Childs being mentioned.
Biden considered Childs before nominating Ketanji Brown Jackson to replace former Justice Stephen Breyer. Seen as moderate, Childs was vetted and even received backing by a few GOP senators such as Sen. Lindsey Graham, R-S.C.
Even before all the states were called on Tuesday night, some Democrats were suggesting that Biden be given the chance to nominate one more Supreme Court justice.
“Sotomayor should retire tomorrow and let the lame duck Senate confirm her replacement,” Miranda Yaver, an assistant professor of health policy and management at the University of Pittsburgh, posted Tuesday night on X.
“This would probably be a good day for Sotomayor to retire,” David Dayen, editor of The American Prospect, wrote on X.
Time, though, is not on Democrats’ side when it comes to trying to replace Sotomayor in little more than two months.
“We would have to have assurances from any shaky senator that they would back a nominee in the lame duck, because what do you do if she announces she’s going to step down and then [West Virginia independent Sen. Joe] Manchin doesn’t support her and then [Republican Sens.] Susan Collins and Lisa Murkowski back off and say they’re not going to support a new nominee?” one source told Politico. “Do you just rescind that [Sotomayor resignation] letter?”
The outlet added that Democrats might be better off focusing on confirming lower-court judges, filling vacancies Trump wouldn’t be able to fill.
Sotomayor is the first Latina and the third woman to serve on the Supreme Court.
