Justice Sotomayor ends Dems far-fetched hopes to replace her with VP Harris before Trump, GOP Senate take control

By 
 November 12, 2024

In the immediate wake of Tuesday's elections that saw President-elect Donald Trump's victory and Republicans regain control of the Senate, anxious Democrats floated the idea of liberal Supreme Court Justice Sonia Sotomayor quickly retiring so that outgoing President Joe Biden and the lame duck Senate Dem majority could swiftly confirm her replacement.

The idea was dismissed almost as soon as it arose, however, as sources indicated that Sotomayor has no plans to resign from her seat on the high bench, according to ABC News.

That is potentially devastating news for Vice President Kamala Harris, who was mentioned by several advocates as a leading contender to replace Sotomayor following her loss to Trump last week.

Frantic Dems push to replace Sotomayor immediately

Politico Playbook was one of multiple media outlets that reported last week on Senate Democrats' "hair-on-fire moment" about President-elect Trump's victory as it pertains to filling possible future vacancies on the Supreme Court, which was undoubtedly spurred on by their agonizing recollections of Trump replacing liberal icon Justice Ruth Bader Ginsburg in late 2020.

Fearing a repeat of what happened with Ginsburg, who refused to retire despite her declining health when former President Barack Obama and Senate Democrats could have easily replaced her but failed to outlast Trump and a Senate Republican majority, a quiet pressure campaign was launched to convince Sotomayor, 70 and with diabetes, to immediately retire from the court.

The admittedly far-fetched idea would have required a closely coordinated effort that would involve Sotomayor announcing her retirement, President Biden immediately nominating a younger progressive replacement, and Senate Democrats rapidly pushing that nominee through the confirmation process in the few weeks remaining before the new GOP Senate majority takes control.

Amid that short-lived push to oust and replace Sotomayor before Trump and Republicans took office, according to Newsweek, were suggestions that VP Harris should be Biden's nominee to replace the older liberal jurist.

That suggestion was based on Harris' legal experience and purported qualifications as the former San Francisco district attorney and California attorney general, but that particular arrangement seemed even more unlikely than Sotomayor being replaced by some other left-leaning judge nominated by Biden.

Sotomayor not going anywhere right now

All of that speculation amounted to nothing, however, as ABC News reported on Monday that Justice Sotomayor had no intentions of stepping down from her role as the leading liberal on the high bench.

"Sotomayor, 70, is in good health and a vigorous participant in the court's work," the outlet stated while citing unnamed sources close to the elderly justice. "She is well below the average retirement age of 75, and her diabetes, which she has had since childhood, remains well-managed."

As such, Sotomayor is "not expected to step down in the middle of the term because of the 2024 election results," which puts a definitive end to the Democratic scheming to deny Trump and Senate Republicans a possible opportunity to replace her if the situation changes over the next few years.

Trump could get chance to replace Justices Thomas and Alito

On the flip side, according to The Hill, the victories for President-elect Trump and Senate Republicans prompted other talk about potential vacancies on the Supreme Court that could arise over the next two years.

That talk primarily involves conservative-leaning Justices Clarence Thomas, 76, and Sam Alito, 74, who may decide to retire secure in the knowledge that they would be replaced by much younger like-minded jurists who would presumably rule on cases with a similar originalist outlook.

If that occurs, Trump would become the first president since Dwight Eisenhower to have appointed a majority of the court's justices, given that he nominated and saw confirmed three of them in his first term -- Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

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