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REPORT: Supreme Court Justice Throws Cold Water On Dem Plot To Replace Her

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Supreme Court Justice Sonia Sotomayor, one of the three liberal justices on the bench, threw cold water on a Democrat plot to replace her at the last minute before the party loses control of the U.S. Senate in January.

Sotomayor, 70, is the third oldest justice on the court and has long been open about how she lives with Type 1 Diabetes. She has served on the court since she was appointed by President Barack Obama in 2009 and has faced an increase of calls to retire while President Biden remains in office.

President-elect Donald Trump’s return to the White House has sent some members of the Democratic Party into a frenzy, as Trump could swing the balance of the court even further in the event that Sotomayor’s health declines over the next two years.

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In his first term, Trump appointed Neil Gorsuch to replace Antonin Scalia, Brett Kavanaugh to succeed Anthony Kennedy, and Amy Corey Barrett to take the place of Ruth Bader Ginsburg, who died less than two months before the 2020 election. The court’s elder conservative members — Justices Clarence Thomas and Samuel Alito — could very well retire during Trump’s upcoming term, leading to more appointments.

One Senate aide told Politico that the prospect of replacing Sotomayor has come up repeatedly in Democrat circles since Trump’s historic comeback win. There is significant concern that such a plan would be unfeasible, however, as Democrats are not only short on time, but may not even be able to count on support from their entire caucus.

If Sotomayor were to resign, “she can sort of resign conditionally on someone being appointed to replace her,” the Democratic senator told Playbook. “But she can’t resign conditioned on a specific person. What happens if she resigns and the nominee to replace her isn’t confirmed and the next president fills the vacancy?” the Senate source told the outlet.

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Outgoing Senator Joe Manchin (D-WV) would be unlikely to support a last-minute replacement, while Senator Bernie Sanders (I-VT), who caucuses with Democrats, threw cold water on the idea during a post-election appearance on Meet The Press.

“No, I don’t,” Sanders told NBC’s Kristen Welker when asked whether Sotomayor should step down. He did confirm that the possibility is being discussed among Senators, though he does not think a last-minute resignation is a “sensible approach.”

The plan may never get off the ground despite efforts from progressive Democrats, as a source close to Sotomayor reported that the judge has no intention to resign.

“This is no time to lose her important voice on the court,” one source told the Wall Street Journal, adding that she “takes better care of herself than anyone I know.” Additional sources also told CNN that Sotomayor intends to stay on the court.

When the matter was being discussed on CNN this Sunday, one pundit suggested that Vice President Kamala Harris should replace Sotomayor on the nation’s highest court. “Sotomayor needs to resign. The court is currently 6-3. This would limit Trumps ability to make it 7-2. It’s silly to believe there is no difference,” left-wing political commentator Bakari Sellers wrote in an X post.

“You can confirm in 10 weeks (see ACB). You have very good previously vetted candidates…. Sri Srinivasan, Robert Wilkins, Michelle Childs and yes Kamala Harris (though she likely doesn’t get Manchin’s vote),” he added. “If step one doesn’t occur she could very likely be another story much like RBG.”

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