Democrats are reportedly weighing whether to urge Supreme Court Justice Sonia Sotomayor to step down immediately to avoid the risk of her seat being filled by President-elect Donald Trump, according to a Politico report. The recent Senate shift to a Republican majority in the 2024 election has prompted some Democratic senators to consider the possibility of appointing a replacement while they still control the Senate for the next two months.
The urgency behind this potential push stems from the concern that, if Sotomayor’s seat becomes vacant during Trump’s presidency, he would have the opportunity to appoint her successor. However, with only a short window remaining before Trump assumes office, any supporters of a swift replacement would need to act quickly.
“She can sort of resign conditionally on someone being appointed to replace her,” a Democratic senator shared with Politico 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?”
Two significant concerns are shaping this debate: the Senate’s already packed legislative schedule, which could hinder a swift confirmation, and the possibility that some members may not be comfortable openly opposing Sotomayor’s continued service. Supporters of this approach would also need to ensure they have the votes for a fast confirmation process, which may be complicated by potential dissenters like retiring Sen. Joe Manchin, I-W.Va., if they don’t back the proposed replacement.
Those considering a successor for Sotomayor are reportedly eyeing Judge J. Michelle Childs of the D.C. Circuit, originally appointed by President Barack Obama in 2009. In addition to a potential Supreme Court replacement, Democrats may also use their remaining time in the majority to prioritize confirming lower-court judges awaiting Senate approval.
