As pressure mounts from liberal circles for Justice Sonia Sotomayor to retire, Democratic senators are grappling with the lessons learned from Justice Ruth Bader Ginsburg’s decision not to step down in 2014, which ultimately led to a conservative shift in the Supreme Court.
Ginsburg’s choice not to retire during President Barack Obama’s tenure, despite being 81 and a cancer survivor, proved consequential. Her passing in September 2020 paved the way for then-President Donald Trump to appoint Justice Amy Coney Barrett, solidifying a 6-3 conservative majority. Barrett’s subsequent pivotal vote to overturn Roe v. Wade further underscored the ramifications of Ginsburg’s decision.
With this history in mind, some liberal voices are urging Sotomayor, who is 69 and the oldest member of the court’s liberal wing, to retire while President Joe Biden is in office and Democrats control the Senate. While Democratic senators on the Judiciary Committee are not publicly advocating for Sotomayor’s retirement, they express concern about the possibility of a 7-2 conservative majority if history repeats itself.
Senator Richard Blumenthal emphasized the need for Sotomayor to weigh various factors, including her health and the national interest in maintaining a balanced court. However, Senator Sheldon Whitehouse cautioned against further empowering the court’s “extremist wing” if the conservative majority were to expand.
While some liberal commentators and advocacy groups have called on Sotomayor to step aside, the White House has maintained that decisions regarding retirement should be left to the justices themselves.
Despite the mounting pressure, Sotomayor has not signaled any intention to retire. While concerns about her health persist, particularly due to her diabetes, she remains an active participant in court proceedings.
Amidst the deliberations, the Democratic Party faces uncertainties, with polls indicating an uncertain outcome for Biden in the upcoming elections. Additionally, Sotomayor’s retirement would not immediately shift the court’s balance, as a Democratic replacement would merely maintain the liberal minority.
As the debate ensues, the decision ultimately rests with Sotomayor herself, echoing the sentiment that retirement from the bench is a personal choice. While some, like Blumenthal, emphasize the opportunities for continued public service post-retirement, others, like Senator Chuck Grassley, opt not to comment, respecting the justices’ autonomy in making such decisions.
