They are panicking.
Senate Democrats are reportedly grappling with the delicate question of whether to push U.S. Supreme Court Justice Sonia Sotomayor, who is 70 and lives with Type 1 diabetes, into retiring in order to secure a replacement before President-elect Donald Trump takes office. This internal debate emerged after Trump’s significant electoral victory, prompting Democratic senators to consider their options for filling any potential vacancies on the high court.
While some within the Senate Democratic caucus have discussed the possibility of urging Sotomayor to step down, many are hesitant to publicly endorse such a move, especially given the sensitive nature of the situation. Sotomayor, the first Hispanic justice on the Supreme Court, has long been a reliable liberal vote on the bench, and her resignation due to health concerns could present significant political challenges.
Sotomayor’s health is a key point of discussion, as Type 1 diabetes can complicate longevity. According to a 2015 study published in the Journal of the American Medical Association, the average life expectancy for women with Type 1 diabetes is 68 years, which places additional pressure on her future.
However, a former Senate Democratic aide dismissed the idea of Sotomayor stepping down in time for the Senate to confirm a new nominee. “That’s not going to happen,” the aide stated, emphasizing the difficulty of securing a replacement before Trump takes office, especially with a tightly divided Senate and the clock ticking toward the inauguration.
Additionally, with Congress facing a looming deadline to fund the government by December 20, there is little time to address such a significant judicial nomination. The political calculus becomes even more complex when considering the slim majority that Senate Democrats hold, with key moderates like Senators Joe Manchin (D-WV), Susan Collins (R-ME), and Lisa Murkowski (R-AK) often seen as unpredictable.
While some Democrats are considering potential moderate replacements for Sotomayor, one name that has surfaced is J. Michelle Childs, a respected judge on the D.C. Circuit Court of Appeals. Childs has bipartisan support, having been nominated by President Biden to the federal bench and praised by Senator Lindsey Graham (R-SC). Graham has called her “one of the most decent people I’ve ever met,” noting her fairness and bipartisan appeal.
The discussion surrounding Sotomayor’s resignation reflects a broader strategy by Democrats to reshape the judiciary, but it also highlights the challenges of navigating a politically divided Senate. With Republicans solidifying their conservative majority on the Supreme Court, the idea of appointing more liberal-leaning justices faces significant obstacles, especially with a Republican-controlled Senate potentially blocking any swift confirmation efforts.
Ultimately, the situation underscores the high stakes of judicial appointments and the complex interplay of health, politics, and timing in the pursuit of ideological balance on the nation’s highest court.
