Democrats are reportedly discussing the possibility of Supreme Court Justice Sonia Sotomayor resigning to prevent her replacement by President-elect Donald Trump, as per Politico. Following the loss of their Senate majority to Republicans in the 2024 election, Democrats are contemplating an immediate replacement for the 70-year-old Sotomayor during their remaining two months in control of the chamber.
The concern arises from the potential scenario of Trump appointing a successor if Sotomayor's seat becomes vacant during his presidency. However, with Trump set to assume office in just two months, proponents of a swift replacement face a tight timeframe to act. A Democratic senator mentioned to Politico Playbook the possibility of Sotomayor resigning conditionally on a replacement being appointed, but not contingent on a specific individual.
Two primary concerns surrounding the idea include the challenge of confirming a new justice amidst Congress' busy schedule and the reluctance of members to publicly oppose Sotomayor. Supporters of the proposal would need to secure enough Senate votes for a prompt confirmation before Trump's inauguration, potentially encountering resistance from members like retiring Sen. Joe Manchin, I-W.Va., if they do not endorse the replacement.
Those deliberating a replacement for Sotomayor are reportedly eyeing D.C. Circuit Judge J. Michelle Childs, appointed by former President Barack Obama in 2009. Additionally, Democrats are contemplating focusing their remaining leadership time on confirming lower-court judges awaiting approval.
