Calls for Justice Sotomayor's Retirement Face Historical Headwinds

Liberal activists are calling for Supreme Court Justice Sonia Sotomayor to retire, hoping to allow President Joe Biden to appoint a younger replacement while Democrats control the Senate. However, history suggests these efforts are unlikely to sway Sotomayor, as Supreme Court justices have routinely resisted similar pressure campaigns in the past.

Why this matters: The outcome of this pressure campaign has significant implications for the balance of power on the Supreme Court, which could impact the interpretation of laws and policies affecting millions of Americans. The outcome of this pressure campaign has significant implications for the balance of power on the Supreme Court, which could impact the interpretation of laws and policies affecting millions of Americans. In addition, the precedent set by Sotomayor's decision could influence the tenure of future justices and the dynamics of the court.

In 1980, liberal groups urged Justice Thurgood Marshall to step down, but he flatly refused. President Lyndon Johnson successfully persuaded Justice Arthur Goldberg to leave the court in the 1960s to become UN Ambassador, paving the way for Abe Fortas. More recently, Justice Ruth Bader Ginsburg rebuffed calls from the left to retire during the Obama administration.

Justices typically resist outside pressure to retire, believing they are still capable of fulfilling their duties. There are exceptions, such as Justices Robert Grier, Charles Evans Hughes, Hugo Black and William Douglas, who were convinced to retire because of declining health or mental acuity. But Sotomayor, who is 68, remains in good health and at the height of herintellectual powerson the bench.

The campaign for Sotomayor's retirement is driven solely by a desire for a younger, liberal justice who could serve for decades. Some legal scholars argue justices should not be pressured to step down for political reasons, asserting they have earned the right to serve out their lifetime appointments or retire on their own terms. Sotomayor herself has given no indication she is considering leaving the court anytime soon.

Incentives have been floated to encourage earlier retirements, such as doubling pensions for justices who voluntarily step down. A 2019 Journal of American History article contends that a reduction in pensions in 1932 led to aging Supreme Court justices hanging on longer than planned, provoking Franklin Roosevelt's infamous court-packing scheme. But any changes to retirement benefits would require cooperation from Congress.

The pressure on Sotomayor seems rooted more in a sense of urgency among Democrats than any substantive concerns about her ability to serve. While the calls for her retirement are understandable from a political standpoint, they run counter to the principle of judicial independence that is central to the Supreme Court's role. As Sotomayor and her predecessors have demonstrated, justices rarely acquiesce to these campaigns, preferring to end their tenures on their own terms.

Key Takeaways

• Liberal activists urge Supreme Court Justice Sonia Sotomayor to retire, hoping for a younger replacement.
• History shows justices resist pressure campaigns, prioritizing judicial independence.
• Sotomayor, 68, is in good health and has given no indication of retiring soon.
• Incentives like doubled pensions have been proposed to encourage earlier retirements.
• Justices typically prioritize serving out their lifetime appointments or retiring on their own terms.