Democratic senators are experiencing unease following the Supreme Court’s lurch to the right after Justice Ruth Bader Ginsburg refused to step down in 2014. Some are expressing concerns that history could repeat itself if liberal Justice Sonia Sotomayor does not retire while President Joe Biden is in office. Ginsburg’s decision to remain on the court led to a 6-3 conservative majority, with her successor Justice Amy Coney Barret casting decisive votes on significant issues like overturning Roe v. Wade. Despite this, Democratic senators are not calling on Sotomayor to retire openly, but they hope to avoid creating a 7-2 conservative majority on the court.
Senators on the Judiciary Committee are wary of the Ginsburg precedent and hope that Sotomayor does not follow in her footsteps. While no calls have been made for Sotomayor’s retirement, some commentators are advocating for it, emphasizing the significance of creating a balance on the court that reflects American demographics. The fear of a conservative majority of 7-2 is a cause for concern among some Democrats, who believe that it could lead to a significant shift in the court’s decisions.
The party’s control of 51 Senate seats makes it challenging to predict what impact the upcoming elections will have on the Supreme Court. Even if President Biden is reelected, losing the Senate to the Republicans could hinder the appointment of liberal nominees. While some voices have suggested that Sotomayor should consider retiring, there are notable differences between her situation and Ginsburg’s, such as age and years of service on the court. Sotomayor has given no indication of intentions to retire, despite questions about her health due to her diabetes.
Calls for Sotomayor to retire have been met with mixed responses from the liberal community, with some urging her to consider the greater good of maintaining a balanced court. Others, like influential law professor Erwin Chemerinsky, see no urgency in calling for Sotomayor’s retirement at this time. While the long-term impact could be significant, the immediate impact may not be pivotal, as a retirement and replacement by a Democratic nominee would only maintain a liberal minority on the court.
There are contrasting views on Sotomayor’s retirement, with some suggesting that retiring justices can continue to contribute in various ways post-retirement. Justice Sotomayor has not signaled any intentions to retire, with supporters praising her robustness and continued active role on the court. On the Republican side, Senator Chuck Grassley believes that the decision to retire should be left to the individual justice, highlighting the personal nature of this decision. Overall, the discussion surrounding Sotomayor’s potential retirement reflects broader concerns about the balance of the Supreme Court and the future of its decisions.
