As more liberals urge Sonia Sotomayor to step down this year to ensure that Biden can pick her successor, some Senate Democrats are voicing fears of a 7-2 conservative majority.
The Republicans already removed the filibuster for SCOTUS appointments during Trump's term. Ketanji Brown Jackson was confirmed with a vote of 53 to 47 and the Democratic majority in the Senate is bigger now than it was then.
For fuck’s sake, don’t risk it. Why risk it? Retire with dignity and humility, and allow someone who’s not batshit crazy to be your replacement. Anything less is selfish.
But for the first time, they’re publicly expressing an unease that history could repeat itself after Justice Ruth Bader Ginsburg’s refusal to step down in 2014 ended in the Supreme Court lurching sharply to the right.
Ginsburg, then 81 and a cancer survivor, could have retired and been replaced by a Democratic appointee when President Barack Obama was in office and his party controlled 55 Senate seats.
It was a history-making moment: Ginsburg’s successor, Justice Amy Coney Barrett, gave rise to a 6-3 conservative majority.
The calls involving Sotomayor come at a perilous moment for Democrats, as polls show Biden is far from certain to beat Trump in their rematch.
Even if she leaves this year and is replaced by a Democratic nominee, it would merely shore up a liberal minority that lacks the votes to move the court to the left without the buy-in of at least two conservative colleagues.
On the other side of the aisle, 90-year-old Sen. Chuck Grassley, R-Iowa, a former chairman of the Judiciary Committee, said he wouldn’t call on a justice to retire.
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It doesn't matter. California is over here proving that you can just ignore anything the supreme court says that you don't like. You'll get sued over it, but there's all sorts of shenanigans you can pull to draw the process out for years to avoid coming to the conclusion the supremes say is correct.