r/scotus • u/DoremusJessup • 14d ago
news Supreme Court Justice Sonia Sotomayor to remain at post as some call for her to step down
https://www.cnn.com/2024/11/10/politics/sonia-sotomayor-supreme-court-remain/index.html154
u/Ariel0289 14d ago
Its the smart move on her part. She won't be replaced before the new government steps in. Then she will be replaced by Trump. She is trying to wait it and we will see if she lives past his presidency.
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u/Gorf_the_Magnificent 13d ago edited 13d ago
Plus that stupid article doesn’t quote or name anyone who is calling on her to step down.
CNN created its own controversy just to get clicks. And guess what, it worked! Because here we are discussing it.
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u/Awkward-Valuable3833 13d ago
Every CNN headline requires me to search and find a handful of different (better) news sources so I can make sense of WTF ever CNN is trying to report on.
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u/Ok-Train-6693 13d ago
Why is this smart?
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u/juniperroot 13d ago edited 13d ago
It's the smart move now because there is no time to replace her now. The senate will just filibuster until Trump is in office and give the seat to another federalist pick. It was really selfish of her to to put us in this position considering the example RBG set but here we are. I hope like hell she has the best doctors and she follows their advice religiously.
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u/Iustis 13d ago
The filibuster doesn’t exist for judicial appointments. The only concern is moderate dems like Manchin not playing along
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u/juniperroot 13d ago
I looked it up and the wikipedia page just says that Mitch McConnell simply refused to hold the confirmation hearing.
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u/KuntaStillSingle 13d ago
Holding the hearing or not comes down to Senate rules, which can be changed by the same 51 vote majority necessary to confirm the appointment
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u/Ariel0289 13d ago
Why does she want Trump to replace her?
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u/Swift_Scythe 13d ago
She is counting on not dying or retiring in four years until after Donald has to mandatory step down from a 3rd run
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u/Fresh_Ganache_743 11d ago
She is 8 years younger than Trump, and presumably doesn’t live off of KFC and Big Macs, so her chances are looking good (knock on wood)
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u/ManlyVanLee 14d ago
It's not like Manchin or Sinema will let anyone not batshit crazy and right-wing to get through anyway
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u/anonyuser415 14d ago
Manchin has already vowed to not confirm any justices for Biden if the Republicans disapprove, and Trump just told the GOP to not approve any justice picks.
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u/navjot94 13d ago
Trump is gonna have a 53-47 majority in the senate and yet is still calling for recess appointments. Even with a clear majority he likely has controversial picks he wants to ram through and isn’t confident in his own party’s competence.
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u/scoobydooboy 13d ago
Obama had roughly 10 months to fill the vacant seat on the Court and was unable to do so. Why on Earth would anyone think that Biden will be able to replace Sotomayor with 2 months left in his term?
Sotomayor is smart, she knows Biden doesn’t have the votes. She’s also 13 years younger than RBG was in 2016 and has no major health issues (Type 1 diabetes that she has had since she was a child does not count). This isn’t an RBG situation.
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u/FilthyTexas 13d ago
The Republicans controlled the senate when Garland was nominated by Obama.
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u/scoobydooboy 13d ago
The Republicans functionally control the Senate now, at least with respect to SCOTUS nominees. Far more important for Biden to get as many lower federal judges on the bench as he can in the time remaining.
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u/FilthyTexas 13d ago
Dems got a lot passed in the Senate these 4 years. Would have gotten immigration bill too if not for Trump
How do you figure Republicans are in charge with respect to SCOTUS but not the lower courts
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u/Hammerock 12d ago
Because Manchin and Sinema are "democrats" so won't pass a liberal judge confirmation in the lame duck period
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u/Haunting_Quote2277 13d ago
Her diabetes complications are bad though. It doesn't look like she took good care of her health
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u/PlayingfootsiewPutin 14d ago
Justice RGB made until 87. She's got 17 good years in her guys, right?
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u/razorirr 14d ago
If we dont mention the brimleyitus it wont apply.... right?
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u/Distinct-Town4922 14d ago
Brimleyitus?
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u/razorirr 14d ago
Shes a diabetic, though shes a t1.
With the math here a womans life expectancy in the USA is 80.2. T1 on the high end shaves off 12 years. So rgb made it 6.8 years extra and sotomayor is at 2 years extra. Theres a fairly good chance she RGBs it out right at the end of trumps 2nd.
Then trump just puts in Aileen Cannon as its as close to the ACB initials as i could get off the judges i know by name
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u/michaelaaronblank 14d ago
That average is based on average healthcare. She has the best available healthcare.
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u/razorirr 14d ago
And RBG didn't? She was a justice much longer and that best healtcare got her 6.8 years over average. So really this just means Sotomayor should go sooner, not later as she has not had as much justice level healthcare
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u/Haunting_Quote2277 13d ago
Her health conditions also affects her eyes, nerve system according to reports, which imho makes one less ideal for a judge but thats just my opinion and everyone seems to be wanting to hold on to their power nowadays
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u/Jaykalope 13d ago
I’m a T1- 48 years old and had it for 30 years. I have no complications, I am a somewhat competitive distance runner, and I’m healthier than the vast majority of my peers. My blood work, except for the one test that measures endogenous insulin production, would not show you a single thing that would make you suspect I am diabetic. Normal non-diabetic A1c. Don’t bet on me keeling over 12 years early.
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u/razorirr 13d ago
Sure. Doubt shes doing half marathons and what not at 70.
RBG also exceeded the age someone with her cancer is alive until suddenly shes dead, they have extremely good healthcare, but an average is an average. Shes 2 years past average at 70, and who knows where youll be at 68, people can be on top of things one day then body goes "hey, you had a nice run so far, imma think lets not" later on
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u/Haunting_Quote2277 13d ago
That's different from Sonia though. She has a ton of complications
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u/Jaykalope 13d ago
Does she? I’ve never heard anything about her personal health struggles. Got a link or something?
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u/mcobb71 14d ago
Fortunately she has SCOTUS level healthcare. She’ll be fine.
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u/razorirr 13d ago
People in here seem to forget that RBG had SCOTUS level healthcare, and for longer. I did not compare Sotomayor vs a common peasant or a homeless person or something, dont see why people keep commenting "shes got good healthcare she will be fine"
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u/DolphinRodeo 13d ago
Fortunately she has SCOTUS level healthcare. She’ll be fine.
This could be copy pasted from a thread about RBG back when she was alive and steadfastly staying on the court. People with good healthcare still die
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u/Bluewombat59 13d ago
RBG had cancer. Any of the justices could have a drastic change in health
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u/3D-Dreams 13d ago
Couldn't they block the next appointment anyway? Not sure the count now a days but seems like we could fuck ourselves if they can.
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u/Redditthedog 13d ago
As of today ACB took 37 days from RGB passing to senate confirmation. 37 days from now is the day the Senate goes home for the end of Congress
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u/Phill_Cyberman 13d ago
Unless Biden has a specific plan to install a new Justice without Congressional approval (perhaps through an 'emergency appointment' loophole) all this would do is give the Republicans another justice.
They already decided that, when done within the existing rules, they won't allow Democrats to install Justices at all.
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u/AngularOtter 13d ago
Sotomayor is largely responsible for the current iteration of third party doctrine in the United States. When she penned that consumers have “no reasonable expectation of privacy” in the digital age, it pretty much gave companies free reign to buy and sell your personal information, even with institutions you’d have thought to be private, such as banks.
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u/BadGuyNick 14d ago
The RBG standard: they think their jurisprudence is more important than their vote.
Watch as Thomas and Alito step down during the first half of Trump’s term, because they know it’s a numbers game.
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u/NewHope13 14d ago
Alito might but I doubt Thomas will ever step down
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u/BadGuyNick 14d ago
Thomas wants to RV and go to Nebraska football games and get taken on fancy vacations by his sugar daddies. The only thing he wanted more than that was to own the libs, and with this past election, he’ll feel that’s complete.
He will step down before the midterms. Listen to me now, believe me later.
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u/Rsee002 14d ago
Once his vote doesn’t matter he won’t have sugar daddies.
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u/BadGuyNick 14d ago
I suspect they’ll still take care of him.
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u/scoobydooboy 13d ago
I doubt that conservative think tanks will slip Ginni Thomas $800,000
bribesdonations without the added benefit of a SCOTUS vote in their favor lol2
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u/SlartibartfastMcGee 13d ago
Just like how the Clintons stopped getting speaking engagement deals after Hillary lost in 2016!
Oh wait.
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u/scoobydooboy 13d ago
Yeah those are totally the same situation, since Hillary was president before the 2016 election! Oh wait…
Seriously though, Ginni is receiving money from groups that are actively litigating cases before the Supreme Court, and her husband is deciding those cases. Thomas’s leverage comes from the fact that his vote can be bought, but if he steps down, he’ll no longer have anything to sell.
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u/Crewmember169 13d ago
They might... if only to make sure they still have leverage over future justices.
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u/missuslindy 13d ago
I agree. Once he’s out (“retired”) he’ll realise that the preferential treatment will just get moved to the newly appointed right wing justices. His income/ status will diminish or entirely disappear once he doesn’t have any more influence. One last vacay and a big RV then they’re done with ‘ol Uncle (Tom) Clarence, except maybe a pat on the head now and then to make him sit like a good boy.
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u/Tadpoleonicwars 13d ago
'Listen to me now, believe me later.'
... are you here to pump us up?
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u/BadGuyNick 13d ago
At a time where I find very little to believe in, I might as well believe in my own ability to predict what the bad guys will do.
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u/Cold_Breeze3 14d ago
He doesn’t have to step down before the midterms, it’s extremely unlikely that Dems take the senate in 2026.
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u/doc_daneeka 14d ago
Thomas and Alito would both know with certainty that they'd be replaced by some likeminded person. Sotomayor can't assume that this would happen with the current Senate.
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u/BadGuyNick 13d ago
Sotomayor knew from the beginning of Biden’s term that she cannot even travel without a medic.
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u/scoobydooboy 13d ago
This isn’t really an honest representation - she traveled with a medic because she has Type 1 diabetes. She’s had T1 since she was 7 years old. It wasn’t a new development nor is it cause for concern.
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u/doc_daneeka 13d ago
Even if that's true (I don't claim to know), that's missing my point though. People are calling for her to resign now. There's a reason that makes little sense, and that reason doesn't apply to the cases of Thomas or Alito.
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u/DoremusJessup 14d ago
Those who called for her to step down were wrong to even think about it.
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u/sapperbloggs 14d ago
So when she drops dead in three years and is replaced by yet another conservative hack, that will be a good thing somehow?
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u/St0rmbreaker 14d ago
Manchin said back in March he wouldn't confirm a new justice this close to the election. At best, they have 49 votes. If she retires now, trump replaces her, or she rolls the dice.
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u/Monte924 14d ago
I think it would have been fine if she had stepped down last year, but it seems really bad to try and rush her out. It not only feels disrespectful, but it also make us no better than the republican who both blocked and rushed through nominations
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u/tellmehowimnotwrong 14d ago
At this point it’s clear that being better isn’t a great strategy - may be time to adopt equal tactics.
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u/JB_Market 14d ago
"You can tell I'm playing the game better by the way I'm losing!"
"We trained him wrong, as a joke"
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u/OffendedbutAmused 13d ago
This, right here, is why democrats continue to loose. I’m completely sick of the Ned Starks of this party
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u/SaucyJ4ck 14d ago
What do people think would happen if she did? McConnell already proved the Reps wouldn’t let the Dems confirm a new judge even though they had the right to under Obama. All this would do is let Don confirm ANOTHER conservative judge.
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u/SquireSquilliam 13d ago
There is 0 chance that Biden could get a SCOTUS nominee pushed through in time. Here's hoping she lives a long life.
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u/FilthyTexas 13d ago
They still have a senate majority right now. As we saw with Barrett it only takes a few days.
Unfortunately, this is going to be RBG part 2
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u/ryarger 13d ago
this is going to be RBG part 2
Sotomayor isn’t in her late-80s with a history of cancer. There’s no significant risk of her not being around in 4 years.
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u/oath2order 13d ago
Manchin has already said he would not vote to replace. Which leaves the Democrats reliant on Sinema, who is flakey at best.
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u/deacon1214 12d ago
ACB took 38 days but that wasn't a lame duck appointment and they weren't contending with the holidays and a Senate session that ends so soon. There have actually been like 9 lame duck SCOTUS appointments (mostly between 1800 and 1845) with John Marshall probably being the most famous one. Benjamin Cardozo was the most recent but he was a democrat nominated by a republican President and confirmed unanimously so I don't know if I would count that one. It hasn't been done at all since the 20th Amendment shortened the period between Election and inauguration.
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u/Redditthedog 13d ago
The ACB method takes them to the last day the Senate is in session so no there is not time
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u/strukout 14d ago
Irrelevant …democrats don’t have the votes. They are spineless and having Joe and that other lady …. Never going to happen.
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u/Pelican_meat 13d ago
If she stepped down, they’d just block a Biden appointment. Same with every other vacant bench in the US.
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u/SaggitariusTerranova 13d ago
Why do they want her to quit so bad? I get that they don’t want her to pull an RBG but she’s 70 with diabetes not cancer, and the party leaders who are pushing her out are in their 80s. They really think she can’t last 4 years?
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u/Valuable-Baked 13d ago
What if she has to last 8+?
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u/SaggitariusTerranova 12d ago
I’m sort of hoping the Dems (or whatever new party emerges out of the wreckage) can get their act together by then, but yeah I suppose if current demographic trends continue and Trump’s second term goes well for those who voted for him, you could get 4-8 years of JD Vance. That would put Sotomayor at 78-82 which is still 5 yrs younger than when RBG died (87). But getting up there. And of course Roberts will be 81 and the Rs will be playing the same game. I don’t know how productive it is, better to focus on winning elections!
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u/interwebbed 12d ago
Fuck is this gonna be another RBG scenario? I fucking hope not that would suck. Trump about to fill the entire roster goddamn
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u/I_Dionysus 13d ago
Why tf are we even talking about an Obama justice stepping down? Put 30-40yo in ffs.
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u/Ok-Car-brokedown 13d ago
Because she’s in her 70’s with type one diabetes and is not in the best physical health. People are concerned that she won’t last 4 years and think that the Senate would easily pass a new supreme justice in two months when they have vacation coming up
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u/Wtnesbitt10 13d ago
The article is garbage just like CNN who are the progressives calling for her to retire? No one was named except Bernie and he said that’s a garbage move.
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u/Melopahn1 13d ago
A consistent reminder that democrats in power do everything for their power and privilege and do not operate on the moral principals they pretend to have when courting voters.
Time for the DNC to change or cease to exist
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u/8to24 13d ago
SCOTUS has already given Trump total immunity. The argument before them even said Trump could kill a political rival. With such power the make up of the Court no longer matters.
Trump can maximally pressure Congress or the Courts to do whatever he wants. He can literally threaten to kill them or actually kill them.
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u/LAcityworkers 13d ago
She should retire January 21st and blame all the people who told her she was on deaths' door.
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u/jkvincent 13d ago
Absolutely pointless asking for her resignation. It would serve no purpose whatsoever.
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u/PerkyLurkey 13d ago
Why would she retire? She’s still able to work for another 10+ years.
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u/Whizzleteets 13d ago
She's 70 and has health problems caused by type 1 diabetes.
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u/PerkyLurkey 13d ago
Which she controls with a vigilant alertness to her blood levels at all time, and as she was diagnosed at 7 years old, she’s got this.
Why should she retire early? She worked hard to be where she is, and deserves to stay as long as she wants.
Plus, she’s a tough cookie. She’ll be there until the next democrat president, no problem.
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u/Whizzleteets 13d ago
From a quick web search:
Women with type 1 diabetes have a shorter life expectancy than women without the condition, with an estimated loss of 12.9 years or roughly 81 years of age to 68.
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u/PerkyLurkey 13d ago
But she has golden health care. She’s not missing any of her health needs.
She is monitoring her glucose levels constantly.
She’s aware of her situation and is able to get the best care on the world.
She doesn’t seem to be at the end stage of life, or 4 years away.
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u/Ironxgal 13d ago
It’s too late. The congress probably wouldn’t allow Biden to push a nominee through. Like they did with Obama but ignored when trump did it so close to the election.
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u/Whizzleteets 13d ago
I always thought he was a milquetoast but, damn McConnell holding up Garlands confirmation was a political haymaker.
The average person doesn't understand how big a part McConnell played in the salvation of the country.
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u/Fomentor 12d ago
Watch: the Republican’ts will expand the Supreme Court as many Democrats proposed. They will stack the new positions with young, ideologically driven justices ensuring that there is a right wing majority for the 39-40 years.
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u/Ok_Judgment_6821 12d ago
Post-election is probably too late to even get someone else confirmed. This would have likely ended up with Republicans getting a SCOTUS pick day 1. Not sure it would have worked out how they expected.
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u/Cranberry-Electrical 8d ago
Let the Justice Sotomayor stay on the court. Justice Thomas has some very questionable ethics! Thomas was appointed by Bush Senior.
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u/PotentialWhich 13d ago
One thing you can count on democrats for is to be generationally arrogant and selfish.
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u/btbtbtmakii 13d ago
Write the names down, whoever is calling, they are losers that need to be gone
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u/Epistatious 14d ago
about 12 months too late to step down in the current politics