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Some Legal Scholars Push For Justice Sonia Sotomayor To Retire

"The cost of her failing to be replaced by a Democratic president with a Democratic Senate would be catastrophic,” one said.

“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.

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by Anonymousreply 31March 28, 2024 9:56 AM

Sotomayor is still youthful by the skewed standards of the Supreme Court. The average retirement age for recent justices is in the 80s, and since 1970, the average tenure has lasted about 28 years. When proponents of court reform propose mandatory term limits, they usually suggest a maximum tenure of 18 years. Sotomayor, who was appointed by President Barack Obama in 2009, has served on the court for only 15 years.

The current average age on the Supreme Court is 63, and working at such a relentless pace at almost 70 “isn’t what I expected,” she said at a public appearance in January. “What choice do you have but to fight the good fight? You can’t throw up your hands and walk away. …That’s an abdication. That’s giving up.”

by Anonymousreply 1March 27, 2024 5:17 PM

Damn, this is a tough situation. But replacing Sotomayer with a liberal 50-yearold isn't a bad idea.

Any chance that Clarence Thomas or Samuel Alito would retire?

by Anonymousreply 2March 27, 2024 5:19 PM

And the fact that she is younger than Justices Clarence Thomas, 75, and Samuel Alito, who is about to turn 74 ― two conservatives who, naturally, face no political pressure to retire under Biden ― breeds resentment around calls for her to step down while they remain.

“Sotomayor is probably thinking, ‘I can outlive a Trump presidency,’” Powe said.

She may also be sensitive to the perception that she is timing her retirement for partisan purposes, he added. She and Barrett are in the midst of a publicity tour to promote the concept of civility.

by Anonymousreply 3March 27, 2024 5:21 PM

…but public service is self service now

by Anonymousreply 4March 27, 2024 5:22 PM

What’s a wise Latina to do?

by Anonymousreply 5March 27, 2024 5:26 PM

[quote]with a liberal 50-yearold

50-year- old? Girl, we're doing exclusively fetuses from now on. I say nominate a law student, they can finish their studies while on the bench.

by Anonymousreply 6March 27, 2024 5:27 PM

The reason some liberal activists think this is because she's a Type 1 Diabetic and their average lifespan is about ten years less even in first world countries.

There's also a bit of revisionist history regarding RBG going on with them, because they're saying people need to learn from RBG and really pressure Sotomayor to resign. Well, it's true RBG didn't step down during Obama, but there was a TON of talk about whether she should retire to the point she actually publicly commented on it in 2014! All that pressure backfired and she didn't step down. If the goal for some is to get Sotomayor to step down during Biden, I'm not sure repeating that playbook is going to work for them...

by Anonymousreply 7March 27, 2024 5:40 PM

Toiling as a law clerk for many years, Bill Henson is now ready for his closeup.

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by Anonymousreply 8March 27, 2024 5:43 PM

Perhaps she's waiting until after the election, to see if Biden wins and if the Senate flips red? Could it be done that quickly, though?

by Anonymousreply 9March 27, 2024 5:43 PM

I could kill RBG all over again for not retiring during the Obama administration. Selfish.

by Anonymousreply 10March 27, 2024 6:37 PM

Nice try Boris.

by Anonymousreply 11March 27, 2024 6:52 PM

Highly unlikely that she’s going to announce her retirement this summer. Looks like this is just a gamble we are all going to have to take.

by Anonymousreply 12March 27, 2024 7:24 PM

[quote] "Some Legal Scholars Push For Justice Sonia Sotomayor To Retire"

"Some Legal Scholars" can get fucked with a gavel.

by Anonymousreply 13March 27, 2024 7:51 PM

The last thing this already red-hot election needs is it turning into a referendum on the next SC seat. It's basically a referendum on Trump's incarceration as it is.

by Anonymousreply 14March 27, 2024 7:53 PM

No beets for "some legal scholars".

Legal scholars have opinions on the law, not politics.

No beets for Ruskie Trolls.

by Anonymousreply 15March 27, 2024 7:59 PM

Besides, what if the Senate refuses to hold hearings based on that "too close to the election" trope they used back when Obama was president, then promptly disregarded when TFG was president?

Repugs/deplorables need to drop the fuck dead.

by Anonymousreply 16March 27, 2024 8:02 PM

It's not just legal scholars, it's also some pundits, which we discussed earlier this month.

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by Anonymousreply 17March 27, 2024 8:02 PM

She should submit her resignation right before the election, making her retirement effective with the confirmation of her replacement. If Biden loses, they can replace her in the lame duck session. If Biden win, she can withdraw her resignation.

by Anonymousreply 18March 27, 2024 8:08 PM

One heart test from fat-ass lunatic Clarence Thomas would show who ought to retire before Sotomayor.

It's absurd they're after her when the issue is we need to expand the number of justices on the court and do other corrections that are possible without Constitutional changes. The Senate controls how the Supreme Court is organized, for fuck's sake.

Work for a Democrat in the White House and a real majority in Congress. Period. Sotomayor may be diabetic but she's hardly dying.

by Anonymousreply 19March 27, 2024 8:09 PM

[quote]Sotomayor is still youthful by the skewed standards of the Supreme Court. The average retirement age for recent justices is in the 80s,

POC have shorter life expectancies than whites. That’s just a fact. Clarence Thomas is an anomaly.

by Anonymousreply 20March 27, 2024 8:15 PM

[quote]Besides, what if the Senate refuses to hold hearings based on that "too close to the election" trope they used back when Obama was president, then promptly disregarded when TFG was president?

Chuck Schumer is in charge of the Senate. Next January, it could be whatever Red asshole they choose to replace McTurtle.

by Anonymousreply 21March 27, 2024 8:17 PM

They're gonna Weekend at Bernie's the shit out of Clarence if he goes under a Dem president. They're not gonna give up their majority without a fight.

by Anonymousreply 22March 27, 2024 8:18 PM

Wasn’t Thomas in the hospital for about a week not that long ago? That had to be something serious. So maybe his health is crappy (hopefully). Shit he’s been a justice forever.

by Anonymousreply 23March 27, 2024 8:22 PM

[quote]Perhaps she's waiting until after the election, to see if Biden wins and if the Senate flips red?

The Senate is very likely to flip red. So “wait and see” is a pretty stupid strategy. She needs to retire now.

by Anonymousreply 24March 27, 2024 8:25 PM

R23, even replacing Thomas with a Democrat, the Republicans would still have a majority.

by Anonymousreply 25March 27, 2024 8:26 PM

Seriously, it sucks, r25.

by Anonymousreply 26March 27, 2024 8:28 PM

r25, which is why a Senate Supermajority for Democrats is so important.

Does a motion to ijmpeach a SC Justice need a cloture vote or a simple 51% vote?

by Anonymousreply 27March 27, 2024 9:07 PM

[quote] The Senate is very likely to flip red. So “wait and see” is a pretty stupid strategy. She needs to retire now.

A lot can happen in seven months, but a 50/50 Senate seems quite possible. With Manchin’s departure we’ve lost West Virginia, but Tester is looking pretty strong in Montana, aided by an abortion amendment on the ballot. And, Brown may be able to hang on in Ohio. We won’t know for months, but if Schumer remains as Majority Leader I’d suspect that Sonia retires in 2025 or 2026.

[quote] which is why a Senate Supermajority for Democrats is so important.

Yeah, important, but nevertheless a pipe dream as things currently stand. As it is, we’re just hoping to hang onto a razor thin majority in November. Where do you propose to flip 10 more seats, R27? The pie-in-the-sky hope is to pick up Florida, Texas, and Missouri. And those are if everything breaks our way. Where are the other seven?

by Anonymousreply 28March 27, 2024 9:16 PM

R27, are you the same poster trumpeting this “Senate Supermajority” nonsense?! When California, with its mere two senators, has three times the combined population of the deep red states of Wyoming, the Dakotas, Idaho, Alabama & Mississippi (& their twelve senators)?!

by Anonymousreply 29March 27, 2024 9:56 PM

[quote]Clarence Thomas is an anomaly.

In more ways than one, honey!

by Anonymousreply 30March 27, 2024 10:11 PM

r28, we will see if the year of the woman voter will flip the needed seats in unusual places...ND?

Women are sick and tired of White Evangelical Men criminalizing their pussies.

by Anonymousreply 31March 28, 2024 9:56 AM
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