Senate Loss Raises Question for Democrats

As Democrats look around for steps to take before they lose control of the White House and Senate in January, their gaze has fallen on Supreme Court Justice Sonia Sotomayor. Even if she resigns, nominating and confirming a Democratic pick to succeed the 70-year-old would be difficult and appears unlikely, CBS News reports. But seeing Donald Trump fill the spot held by Ruth Bader Ginsburg with Amy Coney Barrett, after Ginsburg's death in September 2020, still stings Democrats. Should Sotomayor die in office during Trump's new term, the head of a progressive judicial group, said, "We have no idea how long it will be until somebody who shares Justice Sotomayor's jurisprudence, her values will be in a position to be nominated again." The issues with such an effort include:

• Sotomayor's position: The justice has given no indication she would step down, per the Daily Beast. She's younger than two colleagues, Justices Clarence Thomas, who's 76, and Samuel Alito, who's 74. Sotomayor still takes an active role during oral arguments and has received praise for the arguments she's made in her recent dissents. She's still a decade younger than Ginsburg was when Democrats exerted pressure on her to resign—and that effort failed.
• Time: Sotomayor would have to announce her retirement immediately to give Democrats a chance. President Biden would have to nominate a successor, and Senate Democrats would have to line up enough support and reach a floor vote before the next Congress is sworn in on Jan. 3. Along the way, they'd have to defeat any obstacles Republicans place in their way. There would be no margin for error, per Politico. The lame-duck session already is packed.
• The votes: Outgoing Democratic Sen. Joe Manchin has said he wouldn't vote for any nominee who didn't have the support of at least one Republican senator.
• No volunteers: Although Democrats in the Senate are discussing the matter, none has come forward to be the one to lobby Sotomayor to retire or publicly push the idea.

"The reality is it's too late," Molly Coleman of the People's Parity Project said, suggesting Democrats would be better off concentrating on confirming the 30 or so federal judge nominees before the Senate. "Democrats are not going to win elections forever," Coleman said, per CBS. "They're not going to be able to nominate Supreme Court justices indefinitely. They need to act when they have power." (More Sonia Sotomayor stories.)