The CNN analyst Bakari Sellers proposed on Sunday that President Joe Biden might consider appointing his former prosecutor vice president to succeed Sonia Sotomayor on the Supreme Court.
This scenario would represent a dramatic shift in Kamala Harris’s career trajectory, especially since she recently suffered a significant electoral defeat, losing in all seven pivotal states. Additionally, it would necessitate an unexpected resignation from Sonia Sotomayor—something the Wall Street Journal noted on Sunday that she has no intention of doing.
Nevertheless, this suggestion has been raised by Sellers and several progressive activists out of concern that if the 70-year-old justice were to pass away during Trump’s next term, she might be succeeded by another far-right justice.
Sellers, a former Democratic representative from South Carolina, stated he would support various liberal candidates to replace Sotomayor, including Sri Srinivasan, aged 57; Robert Wilkins, aged 61; and Michelle Childs, who is 58 years old.
Most crucial for Sellers, he emphasized that Sotomayor—who lives with diabetes—should step down to mitigate any risk of her passing while Trump remains in office.
“Sotomayor must resign,” Sellers wrote on X. “Currently, the court is stacked 6-3 in favor of conservatives. This would prevent Trump from expanding it to 7-2, and it’s naive to think it wouldn’t make a difference.”
Sellers warned that Sotomayor could “very likely find herself in a situation similar to RBG” if she disregards calls for her resignation. This refers to the iconic justice Ruth Bader Ginsburg, who passed away during the closing months of Trump’s first term, allowing him to rapidly nominate Amy Coney Barrett as her replacement in 2020.
The Supreme Court, with its conservative majority, has faced criticism for overturning Roe v. Wade and removing the federal constitutional right to abortion. It has also sided with Trump regarding presidential immunity in his federal criminal proceedings that have been paused by special prosecutor Jack Smith.
Politico reported on Friday that certain Democratic Senators have contemplated pressuring Sotomayor to resign while they still hold a majority—something Republicans will regain in January—to facilitate the confirmation of a successor.
Senator Bernie Sanders (I-VT), 83, has expressed his opposition to a last-minute campaign to pressure Sotomayor out of her position before Biden’s presidency concludes.
“I don’t think it’s sensible,” Sanders stated in an interview with NBC News on Sunday.