24 Comments
⭠ Return to thread

Sotomayor could make her retirement contingent on confirmation of a replacement, similar to what Justice Breyer did, so I don’t really think there’s any risk here. I also don’t believe that it would be difficult to confirm a successor. Jackson got three Republican votes, and the three senators who voted for her (Romney, Murkowski, and Collins) don’t have stronger reasons to be obstinate now than they did then. Manchin has said he doesn’t want to vote for judges who have only Democratic support, but, again, I believe that a replacement nominee, with similar positioning to Jackson, will similarly get a handful of Republican votes, and therefore likely also be acceptable to Manchin. Sinema can do whatever she wants.

Expand full comment

You are right about contingent retirement and I agree that the successor would probably be confirmed, but bizarre and unpredictable dramas do have a way of breaking out at these hearings.

Expand full comment