Democrats are facing a new challenge as Justice Sonia Sotomayor has turned 70. With Trump set for a second term, some are worried about his chance to appoint another Supreme Court justice.
Some Democrats have encouraged Sotomayor to resign while they can still confirm a successor. The plan faced obstacles, however, including replacing her during a lame-duck session and backlash from Democratic election losses.
“That’s insane. That’s not going to happen,” one inside source stated. “If Sotomayor were to resign, [Dem Senate Leader] Chuck Schumer couldn’t get a confirmation done in time.”
“We would have to have assurances from any shaky senator that they would back a nominee in the lame-duck,” another Democratic insider said.
Many Democrats are fearful of a repeat of Justice Ginsburg’s situation, whose death allowed Trump to appoint Amy Coney Barrett. Some now reportedly feel an urgency to act before losing influence in the Senate, and have pushed for leaders to find an adequate replacement.
“I can’t think of a better person for President Biden to consider for the Supreme Court than Michelle Childs,” Republican Sen. Lindsey Graham said previously, referencing a Justice contender backed by President Joe Biden.
“She has wide support in our state, she’s considered to be a fair-minded, highly gifted jurist. She’s one of the most decent people I’ve ever met,” Graham added.
Despite the challenges, Democrats have sought Sotomayor’s conditional resignation to appoint a successor.
“She can sort of resign conditionally on someone being appointed to replace her,” an anonymous Democratic senator stated. “But she can’t resign conditioned on a specific person. What happens if she resigns and the nominee to replace her isn’t confirmed and the next president fills the vacancy?”
