Democrats are reportedly discussing whether to call on Supreme Court Justice Sonia Sotomayor to resign immediately in an effort to prevent her possible replacement under newly elected President Donald Trump, Politico reports.

In the 2024 elections, Democrats lost their Senate majority to Republicans, prompting debate over whether to initiate an immediate replacement for the 70-year-old Sotomayor during his remaining two months in office, according to a Democratic senator. room under control.

The concerns stem from the possibility that Trump will fill her seat if it becomes vacant during his presidency. However, with the former president taking office in just two months, all proponents of a quick replacement have a short window to act.

“She can resign conditionally if someone is appointed to replace her,” a Democratic senator told Politico Playbook. ‘But she cannot resign on the condition of a specific person. What happens if she resigns and the nominee to replace her is not confirmed, and the next president fills the vacancy?”

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King Felipe VI of Spain receives Sonia Sotomayor, associate justice of the Supreme Court of the United States, at the Zarzuela Palace on March 4, 2024 in Madrid. (Pablo Cuadra)

The Democrat also told the newspaper that there are still two major concerns about the idea: the confirmation of a new justice in Congress’ already crowded schedule and whether any members would be willing to officially go against Sotomayor.

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Proponents of the idea would need to secure enough votes in the Senate to ensure quick confirmation before Trump takes office, which a source told Playbook could face a potential roadblock from members like retiring Sen. Joe Manchin, IW.Va. ., if they do. do not support the replacement.

Supreme Court of the United States (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson pose for their official portrait in the East Conference Room of the Supreme Court Building on October 7, 2022 in Washington, D.C. (Alex Wong)

Those discussing a possible replacement for Sotomayor are already looking to D.C. Circuit Judge J. Michelle Childs, who was appointed by former President Barack Obama in 2009.

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Democrats are also considering spending their remaining time in leadership appointing lower court judges awaiting confirmation.