Sotomayor Refuses To Step Down So Biden Can Replace Her

Supreme Court Justice Refuses To Step Down So Biden Can Replace Her

Just like the late Supreme Court Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor is refusing to step down to allow President Joe Biden to replace her, which could potentially lead to President-elect Donald Trump replacing her during his term and securing a 7-2 majority on the high court.

At 70 years old, Sotomayor is the third-oldest member of the Supreme Court, behind 76-year-old Justice Clarence Thomas and 74-year-old Justice Samuel Alito. Ginsburg was the oldest member of the court at 87 years old when she passed away in 2020. Reports indicate that former President Barack Obama and his allies had repeatedly pressured Ginsburg to step down to allow Obama to replace her before Trump took office in 2017 — despite suffering from a myriad of severe health complications that all but guaranteed her death would happen during Trump’s first term.

In 2014, one critic wrote that Ginsburg “must retire. Right now. While we’re at it, Stephen Breyer should retire too. … If Ginsburg and Breyer wait to retire, it will only serve to maximize the possibility that a Republican president will choose their successor and in the process undo much of what they’ve worked for their entire careers.”

“Justice Ruth Bader Ginsburg should retire from the Supreme Court after the completion of the current term in June,” another critic wrote, “She turned 81 on Saturday and by all accounts she is healthy and physically and mentally able to continue. But only by resigning this summer can she ensure that a Democratic president will be able to choose a successor who shares her views and values.”

It appears that this event may repeat itself in the near future with Sotomayor, who suffers from type 1 diabetes. While one source close to Sotomayor told CNN that she is “in great health, and the court needs her now more than ever,” others aren’t so sure that this is the case.

On “CNN News Central,” host John Berman cited growing concerns among Democrats that Sotomayor may not make it through a second Trump presidency, prompting commentator Bakari Sellers to argue that Sotomayor should step down and allow Biden to replace her with Vice President Kamala Harris — even though she was never a judge, just a prosecutor and attorney general.

“You know, Justice Sotomayor has been a more than able justice. I know that she may be having some personal issues that she contends with while serving on the bench. But, you know, I don’t want Justice Sotomayor to be another Ruth Bader Ginsburg in terms of staying too long,” Sellers said. “And so I hope that Joe Biden makes the next ten weeks as consequential as he can. I don’t care about drawing outside the lines or what Republicans may think about it. This is within your purview. You can actually do it and you should do it. And you know, one more thing, John, is you have a hell of a vice president right there who has a legal pedigree to sit on the Supreme Court. And let Republicans go crazy, ape, I’m even mentioning that option.”

Sellers made similar comments in a post on X, writing: “Other bold ideas, Sotomayor needs to resign. The court is currently 6-3. This would limit Trumps ability to make it 7-2. It’s silly to believe there is no difference. You can confirm in 10 weeks (see ACB). You have very good previously vetted candidates…. Sri Srinivasan, Robert Wilkins, Michelle Childs and yes Kamala Harris (though she likely doesn’t get Manchin’s vote). If step one doesn’t occur she could very likely be another story much like RBG.”

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