Appointed by former president Barack Obama in 2009, Supreme Court Justice Sonia Sotomayor is the oldest Democrat-appointed justice on the nation’s highest court.
So why are top Democrats plotting to get Sotomayor off the bench, just before Donald Trump becomes president?
According to reports, Democratic senators and other party members are secretly working behind the scenes in an effort to convince the 70-year-old Sotomayor to resign so President Joe Biden can replace her with another left-leaning judge before Trump takes office on Jan. 20.
Democrats are using Sotomayor’s deteriorating health as a reason for trying to get her off the court and replaced by someone else.
Sotomayor is a life-long diabetic and in 2018, paramedics were called to her home after the justice suffered “symptoms of low blood sugar.”
According to a Politico report, Democrats see Sotomayor’s situation as a way to seat someone on the Supreme Court before Trump takes office with Republicans in control of the Senate.
The Republicans a majority in the Senate during Tuesday’s elections.
One 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.
But, 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 received backing by a few GOP senators such as Sen. Lindsey Graham, R-S.C.
Even before the official results of Tuesday’s election, some Democratic experts 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.
Sotomayor should retire tomorrow and let the lame duck Senate confirm her replacement.
— Miranda Yaver, PhD (@mirandayaver) November 6, 2024
“This would probably be a good day for Sotomayor to retire,” David Dayen, editor of The American Prospect, wrote on X.
This would probably be a good day for Sotomayor to retire
— David Dayen (@ddayen) November 6, 2024
Time, though, is not on Democrats’ side when it comes to trying to replace Sotomayor in little more than two months.
Politico reported that many Democrats believe they 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.