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Justice Sonia Sotomayor, despite facing calls from some liberal activists to step down so her seat can be filled before a shift in political power, reportedly has no intention of leaving the Supreme Court. This was shared in a recent report published on Sunday, citing sources close to the justice.
The sentiment was echoed by an individual familiar with Sotomayor’s thinking, who expressed that this is not the moment for her voice to be absent from the court. At 70, Justice Sotomayor is described as prioritizing her health and remaining dedicated to her role. Appointed in 2009 by President Barack Obama, Sotomayor holds the position of the senior liberal justice on the court. Her leadership role among the court’s liberal minority is significant, especially given the six-justice conservative majority, three of whom were appointed by Trump.
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Sotomayor’s work as a bestselling author and her appearances on platforms like “Sesame Street” have contributed to her popularity. According to a February poll by Marquette Law School, she enjoys a high favorability rating, making her one of the best-known justices among the American public.
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In the wake of recent elections, discussions about Sotomayor’s possible retirement resurfaced, with David Dayen, editor of The American Prospect, suggesting that she consider retirement. Former MSNBC host Mehdi Hasan also revisited his earlier opinion that it may be time for Sotomayor to step down, noting her lifelong management of Type 1 diabetes.
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The liberal perspective on judicial retirement is informed by past events, particularly the case of Justice Ruth Bader Ginsburg. Ginsburg, who passed away at 87, had resisted calls to retire during Obama’s tenure when a liberal replacement could have been appointed. Her passing enabled Trump to solidify the conservative majority by appointing Justice Amy Coney Barrett.
Concerns about the liberal minority on the court also led to pressure on Justice Stephen Breyer to retire following Biden’s election, a move that allowed Biden to appoint Justice Ketanji Brown Jackson as his successor in 2022.
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Erwin Chemerinsky, dean of the University of California, Berkeley, School of Law, was among those who had called for Ginsburg to retire during the Obama era, emphasizing the strategic timing for such decisions. However, Chemerinsky noted that the current situation is different, as it may be more challenging for Democrats to confirm a replacement for Sotomayor.
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Conservatives have also speculated on possible retirements within the court’s originalist faction, with suggestions that Justices Clarence Thomas, 76, and Samuel Alito, 74, might consider stepping down before the 2026 midterms. Mike Davis, a conservative legal activist, recently speculated on social media about Alito’s potential retirement plans.
However, prominent conservatives like Leonard Leo of the Federalist Society criticized such speculation, considering it disrespectful and unwarranted. Justice Thomas and Justice Alito have not indicated any retirement plans, and discussions about their future on the court remain largely speculative at this time.