Source: Why Dems are Pushing Lib Justice Sotomayor to Resign Before Trump’s Inauguration and Who To Replace Her

Democrats are pushing the “most Liberal” Justice Sonia Sotomayor to conditionally resign to avoid replacement with a Conservative under President Trump. 

Sotomayor’s career spans over three decades since her first appointment as a federal judge by President George H.W. Bush in 1992. She is also the third oldest Supreme Court Justice and the first Hispanic and third woman to hold the position.

The Obama judge became an Associate Justice of the Supreme Court in 2009 after the former President selected her to replace outgoing Justice David Souter.

Should Sotomayor, 70, remain in office for the remaining two months, she would retire after Trump takes office, and the returning president could replace her with his Conservative choice.

According to Politico, Democrats want Justice Sotomayor to “resign conditionally on someone being appointed to replace her.”

However, the retiring Justice cannot resign “conditioned on a specific person” to replace her.  Sotomayor’s possible replacement includes D.C. Circuit Judge J. Michelle Childs, an Obama appointee.

Democrats also fear that Justice Sotomayor’s replacement could fail confirmation before Trump takes office, handing a GOP majority Senate control over the process. 

Another potential roadblock to Sotomayor’s replacement is the retiring Sen. Joe Manchin (I-W.Va.), who has a history of failing to tow the Democrat’s line, to the point of running for office as an Independent candidate.

“What happens if she resigns and the nominee to replace her isn’t confirmed, and the next president fills the vacancy?” a Democratic source told Politico Playbook.

Nonetheless, Justice Sotomayor is no stranger to Supreme Court nomination drama. In 1997, her nomination as a judge for the  U.S. Court of Appeals for the Second Circuit was delayed after Republicans feared it could lead to a Supreme Court nomination. 

Similarly, her diabetes raised concerns about the longevity of her career as a Supreme Court Justice. Nonetheless, her confirmation sailed through smoothly after garnering 68 – 31 Senate votes.

While no current Supreme Court Justice positions require immediate filling, Trump stares squarely at the prospect of nominating multiple SCOTUS Justices during his second term. 

Besides Justice Sotomayor, Justices Samuel Alito, 74, and Clarence Thomas, 76, could also retire during Trump’s second tenure, forcing him to nominate two Conservatives to replace them. 

Should Sotomayor’s replacement fail before Trump takes over, he could also replace her with a candidate of his choice, cementing Conservative’s control of the Supreme Court. With a Conservative majority in the Senate, such a feat would be a walk in the park.

Potential incoming Senate Majority leader John Cornyn has already signaled his party’s willingness to support Trump’s attempt to tilt the Supreme Court Right. 

“Come January, we must be ready to confirm his nominees,” he said.

Trump’s Supreme Court nominations will also have long-lasting impacts beyond his presidency as he will likely select younger Justices with more years to serve.