After the presidential election, there was a call for U.S. District Judge Aileen Cannon to replace Supreme Court Justice Sonia Sotomayor by a former clerk for Supreme Court Justice Neil Gorsuch. The concern was that President Donald Trump could appoint a conservative-leaning justice if Justice Sotomayor resigned. Justice Sotomayor, appointed by President Barack Obama, is the oldest Democrat-appointed justice on the Court at 70 years old and is the first Latina and third woman to serve on the Supreme Court. With a 6-3 conservative supermajority on the Court, there were fears of further tipping the balance to the right with an appointment by Trump and the newly elected Republican-majority Senate.
Conservative attorney Mike Davis supported the idea that Justice Sotomayor should resign and be replaced by Judge Cannon. Davis called on Senate Republicans to stall the process to replace her. Judge Aileen Cannon, appointed to the federal bench by Trump in 2020, had previously dismissed charges against Trump related to federal classified documents. However, Cannon faced criticism for her handling of the case and the delays in setting a trial start date. Davis had been vocal in his criticism of the legal actions against Trump and had threatened severe legal action against DOJ special counsel Jack Smith. He also issued a threat to New York Attorney General Letitia James, warning of consequences for actions taken against his client.
There were concerns about the health of Justice Sotomayor, who has type 1 diabetes, and whether it could impact her ability to continue serving on the Supreme Court. The mention of her health in connection to a potential resignation was dismissed as politically motivated by Davis, who believed it was an attempt by Democrats to remove Justice Sotomayor. Following the death of Justice Ruth Bader Ginsburg, Trump nominated Justice Amy Coney Barrett, who further pushed the Court to the right. During his first term, Trump also appointed Gorsuch and Kavanaugh to the Supreme Court, solidifying a conservative majority.
The possibility of Justice Sotomayor resigning and being replaced by Judge Cannon raised concerns among Democrats about the potential shift in the balance of the Court. With the incoming Biden administration and a Democrat-majority Senate, there were calls for Justice Sotomayor to remain and not succumb to pressure to resign. The appointment of Judge Cannon, who had previously overseen Trump’s federal classified documents case, was also seen as controversial, given the perceived bias in handling Trump’s legal matters. The legal and political implications of a judicial appointment in the context of a conservative supermajority on the Supreme Court were significant and could impact future decisions and outcomes.
The discussions around a potential resignation of Justice Sotomayor and the appointment of Judge Cannon highlighted the political tensions and divisions surrounding the Supreme Court. The role of individual justices and the impact of their appointments on the balance of the Court were at the center of the debate. The calls for Justice Sotomayor to step down, while supported by some, were also met with criticism and skepticism about the motivations and implications of such a move. The future of the Supreme Court and its composition remained a contentious issue, with the potential for further changes depending on judicial appointments and retirement decisions.
