Donald Trump gets to make Supreme Court appointments for the next four years. That has some Democrats quietly asking if Justice Sonia Sotomayor should step down while President Joe Biden can still name a replacement.
The conversation is "blowing up largely outside of public view," said Politico. But Sotomayor, a liberal justice, is 70 years old and has diabetes. Democrats still rue Justice Ruth Bader Ginsburg's refusal to give up her seat during Barack Obama's presidency, which allowed Trump to appoint Amy Coney Barrett, then age 48, as Ginsburg's replacement after she died. Progressives don't want to see history repeat itself. Democrats "need to act when they have power," said Molly Coleman, the executive director of the People's Parity Project.
'No appetite for change' The talk of a Sotomayor retirement is "way, way too late," Jay Willis said at Balls and Strikes. Supreme Court nominations usually take at least two months to complete. True, Republicans managed to confirm Barrett in just 30 days in 2020. Theoretically, Senate Democrats "could follow the same playbook." In reality, that's unlikely to happen. "For this ambitious bit of political hardball to work," said Willis, "everything would have to go right."
Democrats have already "missed the window," Lisa Needham said at Public Notice. Party officials are "right to be concerned," but there's "no appetite for sudden change" among the Senate Democrats who would make the confirmation of a replacement happen. Besides, there's something unseemly about trying to oust Sotomayor, "arguably both the most passionate and most progressive member of the bench."
'Democrats' last chance' Sotomayor is expected to stick in her seat, said The Wall Street Journal. Erwin Chemerinsky, the dean of the UC Berkeley School of Law, was one of the first commenters to ask Ginsburg to step down. He's not doing so this time. Ginsburg was 81 at the time he urged her to retire, said Chemerinsky. "And Sotomayor is 70."
That's not so convincing to others who want Sotomayor to step down, said The Washington Post. "This could be Democrats' last chance to fill her seat for some time," said Josh Barro, who writes the Very Serious newsletter. Democrats could go more than a decade before winning back control of the White House and Senate. "She could be well into her 80s," said Barro, "by the next time she has a good opportunity to retire." |