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The problem with calling on justice Sonia Sotomayor to resign (Op-Ed)

Many liberal lawmakers and individuals have been calling on Supreme Court Justice Sonia Sotomayor to reevaluate her position as she approaches the fifteenth anniversary of her nomination. Their arguments center on her health and the possibility that Democrats would lose the White House and the Senate in November. If a conservative government were to take office, a vacancy on the court might further tip the scales in their favor. This is like what happened when Justice Ruth Bader Ginsburg refused to retire and died in 2020, paving the way for Justice Amy Coney Barrett to be appointed by former President Trump.

But the campaign to have Sotomayor retire is seriously wrong. It treats the first Latina justice with condescension, ignores political reality, and fails to comprehend the experiences of persons with disabilities.

Retiring would be the solution to Sotomayor’s “age problem,” according to Josh Barro. Still, when compared to other justices on the Supreme Court, Sotomayor is young. There were two justices who served until their respective ages of 87 and 90: Ruth Bader Ginsburg and John Paul Stevens. With a life expectancy of 69 years, Sotomayor is younger than the national, female, and Hispanic female averages. 

It seems doubtful that President Joe Biden could choose a competent successor even in the event of Sotomayor’s resignation. The record of Democratic establishment challengers Joe Manchin and Kyrsten Sinema raises questions about the likelihood of confirming a successor who shares Sotomayor’s commitment to underrepresented areas.

Like other famous people, Sotomayor has type 1 diabetes, but with the right treatment, it’s controllable. Her illness does not constitute sufficient grounds for her to resign. Disrespectful of the 42 million Americans living with disabilities, speculation over her health is unacceptable. It is inappropriate for progressives, who attack conservatives for having authority over women’s bodies, to speculate in such a way.

A more conservative court, according to these critics, would have an outsized impact on “ordinary Latina women,” who would thus profit from Sotomayor’s retirement. There is no proof for these assertions. Every member of the Latino community, whether liberal or conservative, can look out for himself.

It is not Justice Sotomayor’s job to further political agendas but rather to defend the law. People are being rude and unreasonable by demanding that she retire. The Supreme Court relies on her tenacity and commitment, and anyone who wants her to step down would be ignoring her many accomplishments and her ability to continue serving.

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