Senate Democrats are pushing back against calls for Justice Sonia Sotomayor to step aside from the Supreme Court after left-wing activists and commentators raised the idea in the hopes of avoiding a repeat of what happened after Justice Ruth Bader Ginsburg’s death four years ago.
Sotomayor, 69, is the oldest of the three liberal justices and is facing calls by some progressives to step down while Democrats hold both the White House and the upper chamber. They liken the situation to when Ginsburg opted not to step down in 2014 while then-President Obama could have appointed a successor; she died in 2020, leaving a seat open for former President Trump to fill and cement a 6-3 conservative majority.
Those pushing for the associate justice to step aside point to potential health concerns as she has Type 1 diabetes. But Democrats say they aren’t ready for her to depart the court.
“She’s not 70. I might remind some of my colleagues to look around, check their birth certificate,” Sen. Peter Welch (D-Vt.), a Judiciary Committee member, told The Hill. “She’s going full speed ahead. I’m not aware of significant issues, and I am aware of extraordinary competence.”
“This is not an RGB situation,” he added, using the common abbreviation of Ginsburg’s name.
Senate Judiciary Committee Chair Dick Durbin (D-Ill.) also told reporters Monday that he wants Sotomayor to remain on the high court.
A number of Democrats indicated they were floored that this conversation is even happening, as Sotomayor has given no public signals she is considering such a move or that her health has changed recently.
“I think she’s doing a great job, and I think she should stay. I’m a little baffled by [the chatter],” Sen. Chris Van Hollen (D-Md.) said.
Supreme Court Justice Sonia Sotomayor during the celebration of Women’s Day at the Constitutional Court on March 4, 2024, in Madrid. (Eduardo Parra, Europa Press via Getty Images)
Sen. Elizabeth Warren (D-Mass.) declared that the talk is “nonsense” and said she was surprised that this issue has entered the discourse.
“Where did this come from?” Warren said. “I don’t want to add any fuel to the fire on this. I think she’s doing a great job, and I am grateful for her public service.”
Discussions about Sotomayor’s future escalated after Sen. Richard Blumenthal (D-Conn.), a Judiciary Committee member, told NBC News last week that Democrats “should learn a lesson” after what happened with Ginsburg, who was replaced by Justice Amy Coney Barrett shortly before the 2020 election.
“It’s not like there’s any mystery here about what the lesson should be. The old saying — graveyards are full of indispensable people, ourselves in this body included,” he told the outlet.
Those worried about Sotomayor staying on the court are looking to what could be in the offing next year if everything breaks right for Republicans in November: A White House return by Trump and Senate victories in three red states could give the GOP north of 52 seats. This would give Republicans leeway ahead of what party operatives concede could be a tough map in 2026, depending on the dynamics.
Sen. Elizabeth Warren (D-Mass.) speaks to a reporter before the weekly Senate Democratic policy luncheon on Tuesday, April 9, 2024. (Greg Nash)
While Democrats are keenly aware of the situation, they aren’t ready to see Sotomayor leave the bench after what they say has been a stellar 15-year tenure.
“The reality is, if we do get a Trump presidency, we’re going to get another outrageous Supreme Court pick, so it’s not [an unfounded concern]. But I don’t think it’s necessary in the case of Sotomayor,” Welch said.
There are major differences between the situations facing Sotomayor now and Ginsburg a decade ago. In 2014, Ginsburg was 82 — 13 years older than Sotomayor, who turns 70 in June, is now.
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Sotomayor conceded during an appearance at the University of California, Berkeley’s law school earlier this year that the workload has become more demanding over time and that she has become “tired” due to bigger cases.
“And to be almost 70 years old, this isn’t what I expected,” Sotomayor said. “But it is still work that is all consuming, and I understand the impact the court has on people and on the country, and sometimes the world. And so it is what keeps me going.”
“Cases are bigger. They’re more demanding. The number of amici are greater, and you know that our emergency calendar is so much more active. I’m tired,” she said. “There used to be a time when we had a good chunk of the summer break. Not anymore. The emergency calendar is busy almost on a weekly basis.”
The calls for her to resign also upset factions who are loath to see the first Latina justice depart. The Congressional Hispanic Caucus said in a statement that Sotomayor has “proven to be a brilliant jurist … and a fair arbiter of the rule of law.”
“We look forward to her continued service on the Court,” the statement added.