Some commentators and political figures want Justice Sonia Sotomayor to retire before the election so that President Biden can name her replacement before the election with a slim Democratic majority in the Senate. As I noted here, commentators are making such calls openly, while political figures have been more private about their concerns.
This week, NBC News reported on comments by several Democratic Senators, including Senator Richard Blumenthal (D-CT), who suggested Justice Sotomayor should "weigh" the potential risks of remaining on the Court past an election. From the report:
"I'm very respectful of Justice Sotomayor. I have great admiration for her. But I think she really has to weigh the competing factors," said Sen. Richard Blumenthal, D-Conn. "We should learn a lesson. And it's not like there's any mystery here about what the lesson should be. The old saying — graveyards are full of indispensable people, ourselves in this body included."
Blumenthal emphasized that Sotomayor is "a highly accomplished and, obviously, fully functioning justice right now." He added that "justices have to make their personal decisions about their health, and their level of energy, but also to keep in mind the larger national and public interest in making sure that the court looks and thinks like America."
