The future of the Supreme Court could be heavily skewed to the conservative side for decades to come following the election of Donald Trump.
Democrats can not afford to lose another seat on the Supreme Court over the next four years. This is a primary reason why President Joe Biden should immediately name Kamala Harris to the Supreme Court.
Justice Sonia Sotomayor has done a tremendous job on the Supreme Court by fighting for women and civil rights. However, she should announce her retirement in the upcoming weeks. At age 70, Sotomayor has dealt with health issues over the past few years. There is a risk with her continuing to serve with Trump being President.
The Democrats have been here before.
Although much older, Justice Ruth Bader Ginsburg refused calls to step down from the court as she became older. President Obama met with Ginsburg to convince her to retire so that her seat would be replaced by a younger Democrat. Ginsburg’s refusal to step down during Obama’s Administration led to negative repercussions for Democrats. She died two months before 2020 Election Day and Trump was able to add another justice to the Supreme Court, creating a super conservative majority.
To prevent a similar outcome from happening again, Sotomayor should retire in the upcoming weeks and Biden should name Harris to the Supreme Court. This will ensure that Trump does not gain another seat as he replaces Justices Clarence Thomas and Samuel Alito.
President Biden’s unwillingness to set term limits for justices and to institute reform on the highest court will have consequences. But the only way to provide a solution to a long-term problem is to act now.
The Democrats have to realize that the Republicans will do whatever it takes to win. They endured unfair treatment by Republicans when Obama was blocked from placing Merrick Garland on the Supreme Court during his final year in the White House. Only to flip their decision when Trump was able to place a new justice on the court following the passing of Ginsburg.
For the sake of the country, Sotomayor should step down immediately and provide a path for Biden to name Harris as her replacement.