Speculation around the potential retirement of Supreme Court Justice Sonia Sotomayor has been gathering pace. With Democrats currently in control of the White House and holding a slim majority in the Senate, some are suggesting it would be wise for Sotomayor to step down while she has the reassurance her replacement will likely uphold similar ideologies to her own. This mindset is attributed to the deeply remembered loss of Justice Ruth Bader Ginsburg during a Trump presidency, with her replacement significantly contrasting in ideological beliefs
Law professor Paul Campos and Sen. Richard Blumenthal are among those who have alluded to this, proposing that retirement for Sotomayor may be favourable to avoid a possible 7-2 conservative lead in the court. Nonetheless, there remains a hesitance to make such calls publicly due to potential perceptions of insensitivity.
Complicating matters is Sotomayor’s own health. The Justice, who will be 70 this June, has been open about her Type 1 diabetes, an issue that has seen her on occasion accompanied by medics and even resulted in paramedics being called to her home. This, combined with a family history of heart problems, has raised questions about her longevity in the position.
Should Sotomayor remain within the ranks of the 9 justices and Donald Trump reassume power, replacing her with a young, conservative judge may not be as smooth a process as experienced historically. Both Democrats and Republicans could potentially offer resistance to such a choice, the former due to ‘Brett Kavanaugh treatment’ fears, and the latter through possible apprehensions around unduly extending the 6-3 majority towards a more contentious 7-2.
This significantly changes the dynamics for a future pick. From politicians advocating for home state projects through to compromises over ideological positionings, both sides of the aisle may be pushed towards bipartisan thinking rather than pursuing more divisive court appointments.
For now, Sotomayor, still relatively young and with her health issue managed, remains capable in her position. These discussions, while arguably premature, do highlight the potential political manoeuvrings that can influence the appointment of a Supreme Court Justice.
Written by: Steven Chung. Contact him via email at stevenchungatl@gmail.com, on Twitter @stevenchung, or connect with him on LinkedIn.
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