In a move that has frustrated progressive Democrats, Supreme Court Justice Sonia Sotomayor has reportedly dismissed the idea of stepping down before the party loses control of the U.S. Senate in January. At 70 years old, Sotomayor, one of the three liberal justices on the bench, has been open about her health struggles, particularly her ongoing battle with Type 1 Diabetes. Her decision to stay on the court has thrown cold water on a last-minute Democratic plot to preemptively fill her seat before President-elect Donald Trump returns to the White House.
The panic among Democrats is palpable. Trump’s historic comeback win has sent shockwaves through the party, as his return to office could lead to another opportunity to reshape the Supreme Court, which already has a 6-3 conservative majority. During his first term, Trump appointed three justices: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, tilting the ideological balance of the court to the right. With the possibility of retirements from the court’s elder conservative members, Justices Clarence Thomas and Samuel Alito, the stakes are even higher.
According to a report from *Politico*, the idea of Sotomayor stepping down has been floated in Democratic circles. However, time is running out, and there are doubts about whether such a plan would even work. One Senate aide noted that while Sotomayor could technically resign with the hope of a replacement being confirmed before Trump takes office, there’s no guarantee that a nominee would be approved. “What happens if she resigns and the nominee to replace her isn’t confirmed and the next president fills the vacancy?” the aide pointed out.
Outgoing Senator Joe Manchin (D-WV) is unlikely to support a rushed replacement, and even Senator Bernie Sanders (I-VT), who often aligns with Democrats, has voiced skepticism. During a post-election interview on *Meet The Press*, Sanders said he didn’t believe a last-minute resignation by Sotomayor was a “sensible approach,” despite acknowledging that the topic is being discussed.
Sources close to Sotomayor have made it clear that she has no plans to step down. Speaking to the *Wall Street Journal*, a source emphasized that Sotomayor remains committed to her role on the court, saying she “takes better care of herself than anyone I know.” Additional reports from CNN have confirmed that Sotomayor intends to stay put, dealing a blow to any Democratic scheme to replace her before Trump’s inauguration.
As the discussion played out on CNN, left-wing commentator Bakari Sellers even floated the idea of nominating Vice President Kamala Harris to fill the hypothetical vacancy. “Sotomayor needs to resign,” Sellers argued in a post on X. He suggested that Democrats could push through a confirmation in the limited time left, pointing to previously vetted candidates like Sri Srinivasan, Robert Wilkins, and Michelle Childs as potential picks.
The proposal, however, appears to be little more than a fantasy at this point. Without a willing resignation from Sotomayor and the cooperation of key Senate Democrats, the plan seems dead in the water. The situation has echoes of the late Justice Ruth Bader Ginsburg, whose decision to stay on the bench until her passing allowed Trump to appoint her replacement, Amy Coney Barrett, solidifying the conservative majority.
For now, Sotomayor’s refusal to step down highlights a critical divide within the Democratic Party. While some progressives are desperate to secure a liberal seat before Trump’s return, others recognize the importance of Sotomayor’s voice on the court, especially as it faces decisions on major issues that will shape the nation’s future. With the clock ticking, it looks like this Democratic gamble won’t pay off, leaving the balance of the Supreme Court in Trump’s hands once again.
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