In a surprising move, some left-leaning voices are launching a campaign to nudge Supreme Court Justice Sonia Sotomayor into early retirement—while Democrats still hold a narrow grip on the Senate. Leading the charge is CNN analyst and former South Carolina lawmaker Bakari Sellers, who floated the idea of Kamala Harris, the vice president who just lost her re-election bid, as a possible replacement. Sellers argues that by stepping down now, Sotomayor could prevent President-elect Donald Trump from solidifying a conservative 7-2 majority on the nation’s highest court.
In a bold post on X (formerly Twitter), Sellers didn’t hesitate to call for the 70-year-old justice, who has type 1 diabetes, to step aside. “Sotomayor needs to resign,” he wrote, stressing that the Democrats still have time to confirm a nominee before the new Senate majority takes control in January. Sellers even floated names of potential replacements, including Kamala Harris—though he acknowledged she’d likely face opposition from moderate Democrats like Joe Manchin.
While it’s not clear whether Harris would even be interested in donning judicial robes, some on the left have been agitating for a more activist presence on the Supreme Court. However, the idea of nominating Harris, who lacks judicial experience and faced her own setbacks in public favor, is seen as controversial. Though it’s true that presidents have occasionally selected justices without prior judicial experience, the role typically demands a strong background in legal interpretation, something Harris would likely be scrutinized over.
In an interview last week, Sellers spoke bluntly, saying he doesn’t want to see Sotomayor “pull a Ruth Bader Ginsburg”—a reference to the late justice whose decision to remain on the court until her death in 2020 gave Trump the opportunity to appoint her successor, cementing a 6-3 conservative majority. That conservative shift ultimately enabled the Supreme Court to overturn Roe v. Wade, a landmark decision that left-leaning activists had once considered unassailable. The precedent of Ginsburg’s choice has left progressives determined to avoid a similar situation with Sotomayor.
Sotomayor, appointed by President Obama in 2009 and widely considered the most progressive voice on the bench, has faced health issues in the past and travels with a medic. Yet, her allies insist she’s far from ready to retire. “This is no time to lose her important voice on the court,” a close source told *The Wall Street Journal,* dismissing the push for her to step down. “She just turned 70 and takes better care of herself than anyone I know.” Still, the pressure is intensifying as Democrats face an uphill battle to reclaim the Senate in the next midterms, which could make future Supreme Court appointments even more difficult.
The left’s high-stakes gambit to pressure Sotomayor, however, isn’t universally supported within their ranks. Senator Bernie Sanders, one of the Senate’s senior members, voiced his disapproval during a recent interview on *Meet the Press.* “I don’t think that’s the sensible approach,” he said, while acknowledging the growing chorus calling for her retirement. For Sanders and others, the idea of forcing out a respected justice purely for political gain strikes a discordant note.
On the other side of the aisle, Republicans are quietly focused on retaining the stability of their existing majority on the court. With conservative Justices Clarence Thomas, 76, and Samuel Alito, 74, the GOP is mindful of the challenges to their own lineup. Yet they remain confident that Trump’s next term will continue to influence the judiciary for years to come.
While the Supreme Court’s current term is well underway, the conversation around Sotomayor’s potential resignation—and the left’s desire to stack the court—reminds Americans of the enduring power struggle over the nation’s highest judicial body. In the meantime, Trump’s incoming administration is preparing to leverage its mandate to restore order and constitutional fidelity.