Justice Sonia Sotomayor, the nation’s first Latina on the US Supreme Court, recently shared with the public that she feels “tired” and is working harder than she expected as she nears her 70th birthday. Regardless of the open expression about her weariness, she has encountered only a minor amount of pressure from progressives to retire prior to the approaching November election, in which Republicans could potentially regain control of either the White House or the Senate, possibly both. This observed leniency prompts a comparison with the circumstances of Ruth Bader Ginsburg during Barack Obama’s tenure as President.
Bloomberg Law reports that progressives felt uncomfortable calling for Ginsburg to step down while Obama was in office. A sentiment of deep regret permeated those circles after her unfortunate passing from pancreatic cancer at 87, only weeks before a significant election.
The timing of a Supreme Court Justice’s retirement – an event fraught with political and health considerations – has long repercussions. The retirement decisions of Supreme Court Justices are under scrutiny and discussed in a political context, given the potential shift of judicial leanings and ideological balance they can cause.
Whether the instances of Sotomayor and Ginsburg represent an emerging pattern or simply isolated episodes will require a larger historical vista and raises questions about the pressures, or lack thereof, put on justices concerning their retirement decisions.