Justice Breyer: Sotomayor ‘Spring Chicken’

Justice Sotomayor is the third oldest justice on the bench right now and the eldest of the liberal justices.

So, she has become the latest target of Democrats and liberals to step down.

They want her off the court so Joe Biden can appoint her replacement rather than risk a Republican take office and flip that seat.

Spring Chicken

Sotomayor has been fairly defiant when asked about this subject, and retired Justice Stephen Breyer is now offering some insight on this.

Breyer is very familiar with the pressure to retire as the eldest justice, as he was pretty much run off the bench as soon as Joe Biden took over 1600 Pennsylvania Avenue.

At 83 years old, Democrats did not want to take a chance, and even though Breyer seemed mentally capable of doing the job, he decided to step down and allow Joe to name his replacement.

Sotomayor, 69, would have to serve until she was at least 73 if a Republican wins the White House, and there are real fears that it could be 12 years before Democrats get back in there if Trump wins.

Discussing why he believes people need to leave her alone, Breyer stated, “I think there is a difference. She is a spring chicken and I’m an old rooster. There we are.

“But people can say what they want. The decision about what to do is up to the judge.

“You can stay there until you are 150 years old if you want.

“But in my mind, at least there did come a time and I guess 83, 84, 85 – I don’t know exactly how many 80s you want in there – but it’s time for another person.”

Only Justices Samuel Alito, 74, and Clarence Thomas, 75, are older than Sotomayor, with Chief Justice Roberts also being 69.

I fully expect both Alito and Thomas to step down during the next presidential term unless things look very good for the GOP to hold the White House in 2028.

If there is even a hint they will lose, I think we could see both of them step down around 2026. However, the GOP would have to hold the Senate for them to do that so Trump’s nominee would get passed.