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TheProle

(2,178 posts)
Thu Mar 28, 2024, 01:37 PM Mar 28

Some Legal Scholars Push For Justice Sonia Sotomayor To Retire

A presidential election is looming. Control of the Senate is uncertain. The window may be closing for the Democratic Party to replace the oldest Supreme Court justice nominated by a Democratic president.

Paul Campos, a law professor at the University of Colorado Boulder, remembers how this story went last time, and he’s begging for a different ending.

“Sotomayor has been an outstanding justice,” he said. “But the Ruth Bader Ginsburg precedent ought to be extremely sobering. … The cost of her failing to be replaced by a Democratic president with a Democratic Senate would be catastrophic.”

At 69, Sonia Sotomayor is the oldest justice on the Supreme Court to have been picked by a Democrat. And now, Democrats may be about to lose the Senate, White House or both. But on the left, there is little open debate about whether she should retire.


https://www.msn.com/en-us/news/politics/ar-BB1kC3dm
18 replies = new reply since forum marked as read
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Some Legal Scholars Push For Justice Sonia Sotomayor To Retire (Original Post) TheProle Mar 28 OP
Could they get a nominee through this senate? Doc Sportello Mar 28 #1
Manchin said no more judges will be approved by him unless a Rethug votes for them as well Celerity Mar 28 #3
We need to fix this process, but it'll take a Constitutional amendment to do so. dawg Mar 28 #2
I have an idea. why don't these 'leading lights' urgently request stopdiggin Mar 28 #4
Uh, because those urging are Democratic, and thus urging Rethug justices would be pissing in the wind. NoRethugFriends Mar 28 #11
I mean....I think it's pretty simple. Sotomayor presumably wants to be replaced by a Democratic president tritsofme Mar 28 #12
doesn't seem to be any real indication that Sotomayor is interested stopdiggin Mar 28 #16
Of course snowybirdie Mar 28 #5
Well, that doesn't really make sense to me being thought of as misogyny NoRethugFriends Mar 28 #8
Where were these legal scholars or those especially on the left in 2016 JohnSJ Mar 28 #6
Appoint Trump prez already. Cartoonist Mar 28 #7
NO! And we are not going to lose the senate. onecaliberal Mar 28 #9
I've been enjoying Justice Sotomayor Sympthsical Mar 28 #10
It's very possible that this summer will be the last opportunity for a decade Democrats will have to fill a SCOTUS tritsofme Mar 28 #13
Yeah, not happening. maxsolomon Mar 28 #14
Understand the logic. But what a shame to remove one of our best voices. Fla Dem Mar 28 #15
This shit needs to stop! markpkessinger Apr 3 #17
What's with the slam at the end of the excerpt Marthe48 Apr 3 #18

dawg

(10,624 posts)
2. We need to fix this process, but it'll take a Constitutional amendment to do so.
Thu Mar 28, 2024, 01:44 PM
Mar 28

As it stands, the best candidates will always be passed over for being "too old". And random happenstace will have more effect on the compostion of the court than the will of the voters.

stopdiggin

(11,314 posts)
4. I have an idea. why don't these 'leading lights' urgently request
Thu Mar 28, 2024, 01:45 PM
Mar 28

that Thomas and Alito retire?
Are we only supposed to clutch pearls and do the hand wringing on one side of the aisle?

- - - - - - - - - - - - - - - - -

tritsofme

(17,379 posts)
12. I mean....I think it's pretty simple. Sotomayor presumably wants to be replaced by a Democratic president
Thu Mar 28, 2024, 02:01 PM
Mar 28

Alito and Thomas don’t.

This might be the last opportunity Democrats have to confirm a SCOTUS nominee for a long time, Sotomayor should give retirement serious consideration.

stopdiggin

(11,314 posts)
16. doesn't seem to be any real indication that Sotomayor is interested
Thu Mar 28, 2024, 09:22 PM
Mar 28

in being replaced at all.
As for the rest - I guess I thought the sarcasm layered through my post was - readily apparent.
(I will try to apply a 'thingie' to the next post that comes within an approximate football field .. )
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NoRethugFriends

(2,314 posts)
8. Well, that doesn't really make sense to me being thought of as misogyny
Thu Mar 28, 2024, 01:56 PM
Mar 28

As the only Democratic judges are women.

And I definitely was unhappy that RBG didn't retire.

However, there is no indication I know of of serious life-threatening stuff with Sonia, so I think they are way off base.

JohnSJ

(92,213 posts)
6. Where were these legal scholars or those especially on the left in 2016
Thu Mar 28, 2024, 01:55 PM
Mar 28

who said there was no difference between Hillary or Trump, and they would “not vote against the lesser of the two evils “

Haven’t they done enough damage?

In 2016, in every critical swing state Hillary lost by less than 1%, while Jill Stein received 1% of the vote.

It didn’t take much

Do these wonderful legal intellectuals think Biden will lose? If Biden loses, the odds aren’t to good for the Senate since both are determined by statewide elections

My advice, how about getting out the vote to win the WH, and both houses of Congress, since it won’t matter if Trump is reelected, because the country will be finished in that case

Just focus on winning the election instead of stupid last minute games that would most likely be blocked by the Senate republicans anyone

That is where we need to spend time. Winning the election

Cartoonist

(7,317 posts)
7. Appoint Trump prez already.
Thu Mar 28, 2024, 01:56 PM
Mar 28

I think to have her retire would be saying that Joe has already lost the election.

Sympthsical

(9,074 posts)
10. I've been enjoying Justice Sotomayor
Thu Mar 28, 2024, 01:57 PM
Mar 28

Since the 6-3 Court split, she's kind of assumed an aura of elder liberal leader on the Court. I know she's only been there, what, 15 years. But anyone who listens to oral arguments regularly will get it. There's heft and gravitas when she gets going.

tritsofme

(17,379 posts)
13. It's very possible that this summer will be the last opportunity for a decade Democrats will have to fill a SCOTUS
Thu Mar 28, 2024, 02:04 PM
Mar 28

vacancy.

It would not be surprising if a reelected Biden was forced to face a Republican Senate for the remainder of his term, and there is a high probability for the White House to change party hands after two terms.

This could be Sotomayor’s last chance to retire and ensure a like-minded replacement for a very long time.

It might not be fair, but it is a strategic consideration that shouldn’t be dismissed out of hand.

maxsolomon

(33,345 posts)
14. Yeah, not happening.
Thu Mar 28, 2024, 02:13 PM
Mar 28

What's the difference between 6-3 and 7-2, anyway? The Trump 3 are there for decades.

Fla Dem

(23,681 posts)
15. Understand the logic. But what a shame to remove one of our best voices.
Thu Mar 28, 2024, 02:36 PM
Mar 28

I was a big proponent of Justice Ginsburg retiring as we got closer to the 2016 election. She was a brilliant Justice and so respected. I'm sure she never thought Hillary Clinton would lose the 2016 election to Trump so she hung on banking on Hillary getting elected and then Pres Hillary Clinton appointing a new SCJ to replace her. Unfortunately, as we all know, that wasn't how things worked out.

She was an ailing 87 year old Justice and hung on for s long as she could, but passed in September 2020 and Trump replaced her with Amy Coney Barrett on October 27, 2020 just a month before the November 2020 election which saw Joe Biden boot Trump out of office. But it was too late then.

Are we now facing a similar situation? In my heart I just know Biden will runaway with this election, but for some reason my head is telling me something different.

From oldest to youngest, the ages of the current Supreme Court justices are:
Justice Thomas, 75.
Justice Alito, 73.
Justice Sotomayor, 69.
Chief Justice Roberts, 69.
Justice Kagan, 63.
Justice Kavanaugh, 58.
Justice Gorsuch, 56.
Justice Jackson, 53.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

A recent artcle regarding Sotomayor's Health.
New Records Show Supreme Court's Sonia Sotomayor Took Unusual Step Of Traveling With A Medic
Feb 23, 2024, 02:48 PM EST
HuffPost
|Updated Feb 23, 2024

Snip
Her dissents, with their trademark clarity and righteousness, have made her a favorite of many liberals. But the window in which President Joe Biden and Senate Democrats have an all-but-guaranteed ability to appoint her replacement is rapidly closing. Polls show Biden neck and neck with former President Donald Trump in their likely November rematch, and Democrats face hostile odds of holding on to their slim majority in the Senate, which approves Supreme Court appointments.

Looming over it all is Ruth Bader Ginsburg’s fateful decision not to retire from the court under Democratic President Barack Obama, and the minimal party pressure she faced to do so. When Ginsburg ultimately died in September 2020, with Trump in the White House and only weeks before an election he would lose, Trump seized the opportunity to replace her with her ideological opposite.

Justice Amy Coney Barrett cemented a conservative majority that has gone on to decimate abortion rights and affirmative action, curtail protections for LGBTQ+ rights, and thwart major portions of Biden’s agenda, such as student debt relief.

“It’s fair to point all this out,” said Gabe Roth, the executive director of Fix the Court, which sued to release the documents.
https://www.huffpost.com/entry/sonia-sotomayor-medic-retirement_n_65d8ec05e4b0cc1f2f7bab77
Snip


Of course we can always hope for a career ending event for either or both Thomas 75 and or Alito 73 before the election. But sometimes it's smarter to take the certain path rather than one you don't know where it ends up.


markpkessinger

(8,401 posts)
17. This shit needs to stop!
Wed Apr 3, 2024, 09:44 AM
Apr 3

It is based, in the first place, on the mistaken notion that if only Ruth Bader Ginsburg had retired while Obama was president and Democrats held the Senate, we would be in a different situation with respect to the Supreme Court. But what these folks fail to remember is that McConnell was hellbent on preventing Obama from naming a third justice to the court. And Republicans, at that point, still had the filibuster with respect to Supreme Court nominees, and they wouldn't have hesitated to use it!

Marthe48

(16,965 posts)
18. What's with the slam at the end of the excerpt
Wed Apr 3, 2024, 09:46 AM
Apr 3

Dems about to lose the Senate and White House? I'll believe that bs when I see it.

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