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 December 24, 2022

Supreme Court Justices Elena Kagan and Sonia Sotomayor facing calls to retire to ensure Democrats can replace them

Vox author Ian Millhiser is calling on Justices Elena Kagan and Sonia Sotomayor to retire, the Daily Wire reported. He admonished Supreme Court Justice Ruth Bader Ginsburg’s "arrogance" and urged Democrats to take heed with Kagan and Sotomayor.

Millhiser's piece, titled "Sotomayor and Kagan need to think about retiring," pulled no punches. "The US Senate is a fundamentally broken institution," the sub-headline further asserted about the crux of the problem.

"Democratic judges need to account for that in their retirement decisions." The issue for Millhiser was that Ginsburg hung on through former President Barack Obama's term and ended up dying while former President Donald Trump was the one in charge of replacing her.

"We have now lived with the consequences of ’s late-life arrogance for more than two years," Millhiser said. He went on to say that Ginsburg was an octogenarian and cancer survivor but clung to her position too long anyway.

"My most fervent wish is that I will not be replaced until a new president is installed," Ginsburg had told her granddaughters before her death. However, Trump did just that, much to the chagrin of the left.

Now Millhiser is worried the same thing will happen again. Sotomayor is 68 years old, and Kagan is 62, meaning the left-leaning justices could leave the Democrats in a lurch all over again.

If the Democrats lose the Senate in the next two years, there's little hope that the left will get a fighting chance to replace them. Furthermore, Millhiser contends that the Constitution complicates matters.

The author said the structure of the Senate is "malapportioned" and that the founding document provided "extra representation to Republicans in small states." Millhiser worried that Democrats may not see a majority again until 2030 or later if they lose it in 2024.

"If Sotomayor and Kagan do not retire within the next two years, in other words, they could doom the entire country to live under a 7–2 or even an 8–1 Court controlled by an increasingly radicalized Republican Party’s appointees," Millhiser claimed. Others on the left have bought into this doom-and-gloom hypothesis.

"I think Sotomayor and Kagan are brilliant justices, and I’d be sad to see them go," Mark Joseph Stern at Slate tweeted about the piece. "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," Stern added.

The hand-wringing and outrage over the current 6-3 balance of the court reveals exactly how the left views the high court. Rather than understanding it as an institution where the Constitutional prevails, they clearly believe in it as another partisan arm of the government.

Their worst fears of originalism came true after the Supreme Court overturned Roe. v. Wade in June, Fox News reported. Rather than recognizing it as a correction to poor jurisprudence, the left claimed the court repealed a right.

The left is eager to recapture the court because it has given them so much of their agenda in the past. However, Millhiser is right that Ginsburg's hubris is partly to blame for the situation the left faces now.

Written By:
Christine Favocci

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