A fresh debate is brewing on the Left over whether two of its most justices should retire from the Supreme Court.
A senior correspondent at Vox floated the notion for the Supreme Court's eldest liberal justices, Sonia Sotomayor and Elena Kagan, to consider retirement while Democrats maintain control of the White House and Senate.
Millhiser's piece, "Sotomayor and Kagan need to think about retiring," warns that by retaining their posts while Democrats maintain Senate and Oval Office control, the pair of liberal justices risk ushering another scenario similar to former President Donald Trump's opportunity to replace Justice Ruth Bader Ginsburg with Justice Amy Coney Barrett in 2020, which cemented the 6-3 conservative majority on the court.
I think Sotomayor and Kagan are brilliant justices and I’d be sad to see them go. But Ian is indisputably correct about the political calculus here. After 2025, Democrats may not hold the White House and the Senate for a decade+. This argument should be taken seriously. https://t.co/VU0vQWPCxa Another hurdle Millhiser and some of his supporters face is that Ginsburg was adamant about standing against the public pressuring her into retirement despite her age and dwindling health.
But the words of Breyer's 2021 book, The Authority of the Court and the Peril of Politics, flatly reject judges relying on any type of political calculus to determine the right time for retirement.
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