Democrats are reportedly discussing whether to call on Supreme Court Justice Sonia Sotomayor to immediately resign in an effort to avoid her replacement potentially being made under the President-elect Donald Trump, Politico reports.
Democrats lost their Senate majority to Republicans in the 2024 election, which, according to one Democratic senator, prompted discussion over whether to initiate an immediate replacement of Sotomayor, 70, during their remaining two months in control of the chamber.
The concerns stem from the possibility of Trump filling her seat if it happens to become vacant during his presidency – but with the former president taking office in just two months, any proponents of a quick turnaround replacement have a short window to act.
“She can sort of resign conditionally on someone being appointed to replace her,” a Democratic senator told Politico Playbook. “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?”
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King Felipe VI of Spain receives Sonia Sotomayor, Associate Justice of The Supreme Court of the United States at Zarzuela Palace on March 4, 2024 in Madrid, Spain. (Pablo Cuadra)
The Democrat also told the outlet that there remain two top concerns about the idea: confirming a new justice under Congress’ already packed schedule and whether any members would be willing to go on the record against Sotomayor.
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Proponents of the idea would have to guarantee enough Senate votes to ensure a quick confirmation before Trump takes office, which one source told Playbook, could face a potential roadblock from members such as retiring Sen. Joe Manchin, I-W.Va., if they do not support the replacement.
United States Supreme Court (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson pose for their official portrait at the East Conference Room of the Supreme Court building on Oct. 7, 2022 in Washington, DC. The Supreme Court has begun a new term after Associate Justice Ketanji Brown Jackson was officially added to the bench in September. (Alex Wong)
Those discussing a potential replacement for Sotomayor are already eyeing D.C. Circuit Judge J. Michelle Childs, who was appointed by former President Barack Obama in 2009.
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The Democrats are also considering focusing their remaining time in leadership on the appointment of lower-court judges waiting to be confirmed.