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Dems are at war over the secret SCOTUS plot to oust Sotomayor
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Dems are at war over the secret SCOTUS plot to oust Sotomayor

The Democratic Party is secretly fighting over whether to try to oust Judge Sonia Sotomayor to prevent Donald Trump from moving the U.S. Supreme Court further to the right.

Senators are reportedly at odds over whether to pressure Sotomayor — the first Latina justice — to resign while Democrats still have the power to usher in her replacement.

Although she is only 70, Sotomayor suffers from type 1 diabetes and is the oldest of the three remaining Democratic Party-appointed judges.

There is no indication that she plans to walk into the sunset of her own accord.

But party leaders are terrified of a repeat of the 2020 debacle, when Ruth Bader Ginsburg died during Trump’s first presidency after resisting overtures to resign when an Obama administration could provide an equivalent ideological replacement. Instead, Trump’s choice of Seventh Circuit Judge Amy Coney Barrett steered the court further to the right.

With just two months left before the Democratic majority in the Senate must make way for the Republicans, it would be a tall order – and some say impossible – to appoint and confirm Sotomayor’s successor.

Ruth Bader Ginsburg was replaced by a right-wing judge by Donald Trump.
Ruth Bader Ginsburg was replaced by a right-wing judge by Donald Trump. Kevork Djansezian/Getty Images

But according to Politics‘s Playbook: “It’s a conversation that members of the Senate are actively involved in.”

The main obstacles are the timeline and the lack of senators willing to stick their heads above the ground and suggest that Sotomayor should step aside for the sake of the movement.

“What happens if she resigns and the candidate to replace her is not confirmed and the next president fills the vacancy?” an unnamed Democratic senator told Playbook.

“We should get assurances from every shaky senator that they would support a lame duck nominee because what do you do when she announces she’s going to resign and then (independent West Virginia Sen. Joe) Manchin doesn’t support her and then (Republican Sens.) Susan Collins and Lisa Murkowski withdraw and say they won’t support another nominee? Will you just withdraw that letter?’ asked a senior Democrat.

Playbook reported that a potential replacement has been earmarked in Washington D.C. Circuit Judge J. Michelle Childs, who has already been vetted and is seen as a moderate by some Republican senators, giving her a better chance of confirmation.

Attempts by party activists last year to take this step were met with accusations of “ableism” and “racism,” according to Playbook.

“How dare they suggest pushing the first Latina justice — a solid progressive voice — off the bench?” was the response, the report said.

“I wish it were different, but I think Democrats need to do a better job of holding on to the fear they feel now the next time they’re in a position of power because we can’t shut down those conversations,” said he. Molly Coleman, executive director of the People’s Parity Project, told Playbook. “Democrats won’t win elections forever. They will not be able to appoint Supreme Court judges indefinitely. They must take action if they have the power.”