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Some liberals are beginning to publically voice the opinion that 69-year old Supreme Court Justice Sonia Sotomayor should retire before the election to open up her seat for a younger Democratic appointee.
Enabling President Joe Biden to appoint a younger liberal justice now would head-off the possibility of a 7-2 conservative majority, should former President Donald Trump return to the White House in 2024, multiple liberal columnists argued this week. The arguments echo similar calls from early last year, when Politico reported some Democrats close to the Biden administration are of the same opinion, though they remained unwilling to suggest publicly that the “first Latina justice” should step down to secure her seat for the party.
“You’re worried about putting control of the court completely out of reach for more than a generation, but you can’t criticize an official who’s putting your entire policy project at risk because she is Hispanic?” Republican-turned-Democrat writer Josh Borro wrote Monday. “If this is how the Democratic Party operates, it deserves to lose.”
The report notes that Democrats pushed former Justice Stephen Bryer, then 83, into retirement in 2022, just so Joe Biden could make good on his promise to “appoint the first-ever Black woman” to the Supreme Court. Biden then appointed Justice Ketanji Brown Jackson.
The media then started pushing out headlines about Sotomayor’s health, including stories about her taking trips accompanied by a medic, and a report about her mentioning once that she felt “tired.”
In his op-ed last week, Borro fretted that Sotomayor should hurry and retire this year while Democrats still have control. He wrote:
Sonia Sotomayor will turn 70 this June. If she retires this year, Biden will nominate a young and reliably liberal judge to replace her. Republicans do not control the Senate floor and cannot force the seat to be held open like they did when Scalia died. Confirmation of the new justice will be a slam dunk, and liberals will have successfully shored up one of their seats on the court — playing the kind of defense that is smart and prudent when your only hope of controlling the court again relies on both the timing of the deaths or retirements of conservative judges, plus not losing your grip on the three seats you already hold.
But if Sotomayor does not retire this year, we don’t know when she will next be able to retire with a likely liberal replacement. It’s possible that Democrats will retain the presidency and the Senate at this year’s elections, in which case the insurance created by a Sotomayor retirement won’t have been necessary. But if Democrats lose the presidency or the Senate this fall (or both) she’ll need to stay on the court until the party once again controls both. That could be just a few years, or it could be a while — for example, Democrats have previously had to wait 14 years from 1995 to 2009, and 12 years from 1981 to 1993. In other words, if Sotomayor doesn’t retire this year, she’ll be making a bet that she will remain fit to serve through age 82 or 84 — and she’ll be taking the whole Democratic Party coalition along with her in making that high-stakes bet.
This from @jbarro sure seems correct to me — we have seen this movie before and it sucks! https://t.co/ZllmuFwNel
— Matthew Yglesias (@mattyglesias) March 4, 2024
The Left’s campaign to bully Justice Sotomayor off the Supreme Court has officially begun: pic.twitter.com/GsB2WTIhYO
— Carrie Severino (@JCNSeverino) March 5, 2024
We learned a harsh lesson from RBG. Let’s remember it.
Justice Sotomayor should retire. NOW, while we hold the damn Senate.#DemVoice1 #VotingMatters https://t.co/wmJjpym676
— Kim Votes Blue (@nkanow) March 9, 2024
Some liberals are beginning to publically voice the opinion that 69-year old Supreme Court Justice Sonia Sotomayor should retire before the 2024 election to open up her seat for a younger Democratic appointee
The left is afraid of TRUMP appointing another conservative… pic.twitter.com/Kn20rkCbm4
— The Dibster (@richarddibX) March 10, 2024
Liberals Start Nudging Aging Supreme Court Justice Toward The Door As Possible Second Trump Administration Looms https://t.co/6wQlEcZKKL
— Daily Caller (@DailyCaller) March 10, 2024
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