Democracy Dies in Darkness

With Trump win, focus turns to older Supreme Court justices

Some liberals called for Justice Sonia Sotomayor to retire before Donald Trump returns to the White House. But Democrats would struggle to confirm a replacement.

5 min

Donald Trump’s victory has sharpened speculation about what the Supreme Court senior justices will do in the months ahead and how the parties might handle any high court vacancies. (Allison Robbert/The Washington Post)

By Justin Jouvenal

and

Tobi Raji

November 6, 2024 at 3:27 p.m. EST

Some prominent voices on the left called earlier this year for Supreme Court Justice Sonia Sotomayor to retire while Joe Biden was still president, so a Democrat could nominate her replacement regardless of who won the election.

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Sotomayor, 70, is the oldest liberal justice and has Type 1 diabetes. Advocates feared a repeat of what happened with liberal Justice Ruth Bader Ginsburg, who declined to retire during President Barack Obama’s tenure and died on the bench in 2020, while Donald Trump was in office.

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By Justin Jouvenal

Justin Jouvenal covers the Supreme Court. He previously covered policing and the courts locally and nationally. He joined The Post in 2009. @jjouvenal

By Tobi Raji

Tobi Raji covers the federal judiciary and the Supreme Court as a part of The Washington Post's Opportunity Program. She was previously a researcher for The Early 202, a pre-dawn newsletter about the nation’s major power centers, including the White House, Congress and the Supreme Court. She joined The Post in 2021. @tobiaraji

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