Sotomayor calls Supreme Court workload demanding: ‘I’m tired’

Justice Sonia Sotomayor said Monday she’s feeling “tired” after “working harder than I ever had” due to the Supreme Court‘s landmark cases and a growing number of emergency petitions this term.

“And to be almost 70 years old, this isn’t what I expected,” Sotomayor said Monday during an appearance at the University of California, Berkeley, law school. “But it is still work that is all-consuming, and I understand the impact the court has on people and on the country, and sometimes the world. And so it is what keeps me going.”

Sotomayor, who was appointed by former President Barack Obama in 2009, said the high court’s term is jam-packed with contentious cases surrounding social media, abortion, the Second Amendment, and former President Donald Trump‘s fight to stay on primary ballots for the 2024 election.

The liberal justice expressed that the cases have only become “bigger” and more “demanding” in recent years, according to Bloomberg Law.

“The number of amici are greater, and you know that our emergency calendar is so much more active. I’m tired,” Sotomayor said. “There used to be a time when we had a good chunk of the summer break. Not anymore. The emergency calendar is busy almost on a weekly basis.” 

The 6-3 Republican-appointed majority on the high court, installed with the help of Trump’s three nominees, has issued a number of marquee decisions in only the past few years, from the overturning of the landmark abortion precedent found in Roe v. Wade to a ruling last year that found affirmative action on college campuses is unconstitutional.

When asked at the event how she deals with colleagues with whom she disagrees, Sotomayor said, “If you look for the good in people, you can deal with the bad more easily.”

Sotomayor’s fatigue over the high court’s duties comes as some left-leaning court watchers and op-ed writers have questioned whether she should consider retiring from the bench at this point during President Joe Biden’s administration to ensure Biden has an opportunity to name a younger jurist who could outlast another four-year term of a Republican president, such as Trump.

“In early 2022, when Justice Stephen Breyer retired from the Supreme Court, you could argue that it wasn’t entirely of his own volition,” lawyer and podcast host Peter Shamshiri wrote for Balls and Strikes last January. “It followed a lengthy campaign of public pressure from the left, with many eager for Breyer to allow President Joe Biden the opportunity to replace him with a younger liberal justice.”

While there hasn’t been a serious effort to force Sotomayor off of the bench like there was from Demand Justice and other liberal groups before Breyer stepped down, Sotomayor’s admission could fuel speculation about how much longer she might seek to remain on the bench. Biden nominated Justice Ketanji Brown Jackson, 53, to succeed the 85-year-old Clinton appointee in 2022 after activists led calls for his retirement for months.

“What choice do you have but to fight the good fight?” Sotomayor said. “You can’t throw up your hands and walk away. And that’s not a choice. That’s an abdication. That’s giving up.”

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