Should Justice Sonia Sotomayor Step Down?

Jonathan Bernstein: “After Ruth Bader Ginsburg died during Trump’s presidency, Democrats grew more aware of the benefits of strategic retirement from the Supreme Court. Some are starting to encourage Sonia Sotomayor, who is 68, and even Elena Kagan, 62, to step down while there is a Democrat in the White House and a Democratic majority in the Senate — neither of which is guaranteed after 2024.”

“Even if Biden or another Democrat is president in 2025, Republicans have made it fairly clear that they would block any Democratic nominee to the high court if it is up to them. A Republican-majority Senate last confirmed a Supreme Court justice nominated by a Democrat in the 19th century.”

“And with a very favorable Senate map in this cycle, the GOP is in a position to gain two seats (and the Senate majority) even if it’s a decent year overall for Democrats. Nor is it hard to imagine it taking 12 years — or longer — for Democrats to regain the presidency and a Senate majority.”