Democrats are now scrambling to convince Supreme Court Justice Sonia Sotomayor, known as one of the Court’s most liberal voices, to bow out under some unusual conditions. The idea? They want Sotomayor to resign with the stipulation that she gets replaced with a similarly liberal-minded successor before Trump has a chance to fill her seat. With a legal career spanning three decades and an appointment record stretching back to George H.W. Bush in 1992, Sotomayor’s potential exit at this moment makes Democrats more than a little uneasy, particularly with Trump gearing up for more conservative appointments.
Sotomayor, now 70, took her seat in 2009 thanks to Obama, who put her in as a replacement for Justice David Souter. If she sticks around in her role for just two more months, she’ll leave office just as Trump takes over, effectively putting her seat in the hands of his administration. That means Democrats face the real prospect of Sotomayor, one of their most reliably liberal justices, being swapped out for someone far more conservative. Politico reports that Democrats are scrambling behind the scenes, encouraging her to “resign conditionally on someone being appointed to replace her.” However, the law is clear: a retiring Justice cannot set conditions on who will replace them.
The Democratic wish list for Sotomayor’s potential successor includes names like D.C. Circuit Judge J. Michelle Childs, a former Obama appointee. But it’s not just about finding the right candidate; they’re worried that if this replacement doesn’t get through the Senate before Trump takes office, the GOP will step in and dictate the terms. Throw in a wild card like outgoing Senator Joe Manchin, who’s shown a notorious independence streak, and Democrats are looking at an uphill battle to keep the appointment process under their control.
One Democratic insider expressed the concern that if Sotomayor resigns without a confirmed successor, Trump will happily fill the vacancy. Democrats have long memories, after all. They recall Sotomayor’s initial brush with confirmation drama back in 1997, when Republicans slowed her confirmation to the U.S. Court of Appeals, suspecting that she was destined for a Supreme Court seat. Even health concerns over her diabetes have sparked debates on her longevity on the bench, but she ultimately secured her seat with a solid 68-31 Senate vote.
Now, with no vacancies that demand immediate filling, Trump could still find himself in a position to shape the Supreme Court further during his second term. Justices Samuel Alito and Clarence Thomas, at 74 and 76, are also not too far from retirement, meaning Trump might have the chance to replace two more liberal or moderate seats with staunch conservatives, pushing the Court even further right. If Sotomayor’s spot remains unfilled when Trump steps in, he’ll likely add another conservative, solidifying a Court that swings heavily to the right.
Incoming GOP Senate leadership, led by John Cornyn, has already signaled a willingness to back Trump’s efforts to stack the Court. With Trump’s focus on young, conservative nominees, the impact of his Supreme Court appointments could last decades beyond his presidency. Cornyn recently announced that the Senate should be prepared to confirm Trump’s nominees swiftly, aiming to solidify a legacy that would continue to resonate in American law for generations.
