Democrat-nominated Justice Sonia Sotomayor does not intend to step down from the Supreme Court, despite calls from some liberal activists for her to retire so Democrats can appoint her replacement before a potential shift in political power, sources close to her have confirmed.
“This is no time to lose her important voice on the court. She just turned 70 and takes better care of herself than anyone I know,” stated someone close to Sotomayor, emphasizing that progressives should focus on other strategies to protect the Constitution as President-elect Donald Trump prepares to take office.
Sotomayor, who was appointed by former President Barack Obama in 2009, serves as the senior member and de facto leader of the court’s liberal minority. With the conservatives holding a 6-3 majority, including three justices appointed by Trump, the liberal faction has frequently found itself writing dissents, warning of significant errors in rulings on issues like abortion rights and presidential powers.
Widely recognized for her public engagement, Sotomayor has authored a memoir and children’s books, appeared on “Sesame Street,” and promoted civics education. According to a February poll by Marquette Law School, she is among the most favorably viewed justices, even as many Americans remain unfamiliar with the court’s composition.
Following the 2020 election, David Dayen, executive editor of the liberal magazine American Prospect, tweeted that it might be a good time for Sotomayor to retire. Former MSNBC host Mehdi Hasan also revisited his previous argument for her stepping down, noting her long-term battle with Type 1 diabetes.
Justice Ruth Bader Ginsburg’s death at 87 remains a pivotal moment in these discussions. Ginsburg, who did not retire when Democrats held appointment power in the early 2010s, passed away in 2020, enabling Trump to appoint Justice Amy Coney Barrett and further shift the court’s ideological balance just before Democrats reclaimed the Senate and White House.
Concerns over maintaining a liberal presence on the court led to calls for Justice Stephen Breyer’s retirement after Biden’s inauguration. In 2021, one advocacy group even used a billboard truck urging him to step down. Breyer eventually retired in 2022, allowing Biden to appoint Justice Ketanji Brown Jackson.
Erwin Chemerinsky, dean of UC Berkeley’s law school, who once called on Ginsburg to retire, believes circumstances are different now. “It is far more uncertain that the Democrats could confirm a successor than in summer 2014,” he noted, pointing out Sotomayor’s age of 70 compared to Ginsburg being 81 when he made his earlier appeal.
On the other side of the spectrum, conservative justices Clarence Thomas, 76, and Samuel Alito, 74, have also faced speculation regarding potential retirements. Mike Davis, a conservative legal activist, suggested Alito might consider stepping down after a recent election, while Leonard Leo, a prominent figure in the Federalist Society, criticized such speculation, calling it disrespectful and baseless. Neither justice has indicated plans to retire.