Should Justices Kagan and/or Sotomayor retire?

[SunburnCord: LIVE]

Sotomayor should. Her ppl leak cases. She should leave once a republican is in office

[Beet]

Let's see, the Democrats still control the Senate, but there's a very high chance of them losing the presidency and the Senate next year. This seems like an even bigger slam-dunk than RBG back in 2014, and she has been absolutely savaged for that.

[Reactionary Libertarian]

It’s not necessary.

Biden is favored in 2024, but even if he loses to Trump (or loses the Senate, which is likely), Dems would almost certainly win a trifecta in 2028. Neither Kagan or Sotomayor are too old to last that long. While Sotomayor does have diabetes, life expectancy for Hispanic women tends to be on the higher side and age has excellent healthcare. Besides she only needs to last till 2029.

Sotomayor retiring would still be good because she is an AA pick that is manifestly unfit for SCOTUS. Kagan retiring would be a loss because she’s a great justice that would be replaced by another AA pick. KBJ is also a diversity pick but she’s a lot smarter than Sotomayor (low bar).

[Beet]

It’s not necessary.

Biden is favored in 2024, but even if he loses to Trump (or loses the Senate, which is likely), Dems would almost certainly win a trifecta in 2028. Neither Kagan or Sotomayor are too old to last that long. While Sotomayor does have diabetes, life expectancy for Hispanic women tends to be on the higher side and age has excellent healthcare. Besides she only needs to last till 2029.

Sotomayor retiring would still be good because she is an AA pick that is manifestly unfit for SCOTUS. Kagan retiring would be a loss because she’s a great justice that would be replaced by another AA pick. KBJ is also a diversity pick but she’s a lot smarter than Sotomayor (low bar).

How do you get that Biden is favored in 2024, when he's in a worse position than any president that has been re-elected at this point, and is up against an opponent who tends to overperform his polls anyway? And how can you be so certain to project what is going to happen in 2028? There are a lot of assumptions and 'ifs' in your view. The Democrats can't afford to take any more chances with the Court.

I'm glad that we agree on Sotomayor retiring, though.

[Reactionary Libertarian]

It’s not necessary.

Biden is favored in 2024, but even if he loses to Trump (or loses the Senate, which is likely), Dems would almost certainly win a trifecta in 2028. Neither Kagan or Sotomayor are too old to last that long. While Sotomayor does have diabetes, life expectancy for Hispanic women tends to be on the higher side and age has excellent healthcare. Besides she only needs to last till 2029.

Sotomayor retiring would still be good because she is an AA pick that is manifestly unfit for SCOTUS. Kagan retiring would be a loss because she’s a great justice that would be replaced by another AA pick. KBJ is also a diversity pick but she’s a lot smarter than Sotomayor (low bar).

How do you get that Biden is favored in 2024, when he's in a worse position than any president that has been re-elected at this point, and is up against an opponent who tends to overperform his polls anyway? And how can you be so certain to project what is going to happen in 2028? There are a lot of assumptions and 'ifs' in your view. The Democrats can't afford to take any more chances with the Court.

I'm glad that we agree on Sotomayor retiring, though.

I don’t believe polls that have Trump winning young voters, doing amazing with black voters etc. A new poll just came out that has Biden up. The issue is the economy, which should be significantly improved by Election Day. Bigger problem with SCOTUS in 2025 is that there’s no chance Dems hold the Senate, even if Biden wins.

[SnowLabrador]

Let's see, the Democrats still control the Senate, but there's a very high chance of them losing the presidency and the Senate next year. This seems like an even bigger slam-dunk than RBG back in 2014, and she has been absolutely savaged for that.

To be fair, RBG was 81 years old in 2014 - Sotomayor and Kagan are quite a bit younger. But yes, both should retire immediately so that they can be replaced by 30-year-old civil rights lawyers.

[Del Tachi]

Sotomayor retiring will be kinda a personal milestone for me, as she would be the first SCOTUS justice in my lifetime to retire/die for whom I have personal memories of her being nominated and confirmed.

I'm getting old haha

[Beet]

Bump. I wonder what people's view of this is, now.

[Progressive Pessimist]

Bump. I wonder what people's view of this is, now.

What would it matter?

[Transgender for Everybody]

Sotomayor, sure, if only because she's mentioned that she's tired of being a Justice as of late. Kagan might be able to hold on until the next time we have both the White House and the Senate (if Trump doesn't ban elections).

[SnowLabrador]

Yes, both of them right now. They need to be replaced by 25-year-old progressive law students yesterday.

[MarkD]

If the point of retirement would be that they would want to be replaced by people with similar ideology, no. People should be appointed to the Supreme Court because they are one of the most highly objective interpreters of law that can be found anywhere in the country. Obama certainly was not pursuing that goal when he chose those two, and Biden should not do so either.