Senate Majority Whip Dick Durbin (D-IL) dismissed talk of replacing Supreme Court Justice Sonia Sotomayor as unrealistic amid calls on the Left for her to step down.
“I think that is idle speculation, and whoever makes those calls can’t count,” Durbin told reporters on Tuesday, pointing to the short window the Senate has to wrap up its business before Republicans take control of the chamber in January.
“Take a look at the calendar and tell me how in the world you can achieve that without setting aside the budget and the Defense Authorization Act and all the other things that need to be done,” he added. “I don’t think it’s a realistic idea.”
Former President Donald Trump’s election to a second term has renewed fears that Sotomayor’s seat could be in jeopardy once President Joe Biden leaves office. At age 70, Sotomayor is the oldest of the court’s three liberal justices.
In 2020, Ruth Bader Ginsburg died after ignoring similar calls, handing Republicans their sixth conservative justice on the high court. Another vacancy could allow Trump to grow his footprint to seven.
THREE LAWYERS WHO COULD BE TAPPED FOR TRUMP’S WHITE HOUSE COUNSEL
The Senate, known for its deference to sitting justices, has so far rejected those calls. Even progressives like Sen. Bernie Sanders (I-VT) publicly regard the prospect of her stepping down as not “sensible.”
“This is sort of fantasy politics, that’s the way I see it,” Sen. Peter Welch (D-VT), another progressive Democrat, told the Washington Examiner on Tuesday.
Were a vacancy to arise, Democrats would likely have the votes to appoint a moderate justice who could pass through a 51-49 Senate. The turnaround to vet and hold confirmation hearings for Biden’s nominee would need to be expedited, however.
It is ultimately up to Sotomayor to decide if she wants to retire.
More likely is the possibility that Trump will get to replace Justices Clarence Thomas or Samuel Alito, the two oldest conservatives on the Supreme Court.
In the meantime, Durbin, who chairs the Senate Judiciary Committee, hopes to confirm as many lower-court judges to the federal bench as possible.
KEY DATES FOR THE 2024 PRESIDENTIAL TRANSITION
Trump has called on Republicans to obstruct their appointment, but Durbin held out hope that the Senate will “follow precedent” and cobble together a final package of judges before this session of Congress concludes.
“I think we’ll reach that point,” Durbin said.