Karine Jean-Pierre says it would be a ‘personal decision’ if Supreme Court Justice Sonia Sotomayor, 69, were to resign in response to an op-ed calling for her to resign so Biden can replace her with a younger liberal .

  • White House Press Secretary Karine Jean-Pierre was asked Tuesday whether President Joe Biden pushed Judge Sonia Sotomayor to resign
  • The Atlantic published an op-ed Monday encouraging Democrats to pressure the 69-year-old liberal justice to do so
  • Jean-Pierre called it a “personal decision” for the judge to make, adding: “I’m not even going to answer that question.”

White House press secretary Karine Jean-Pierre said Tuesday that it would be Judge Sonia Sotomayor’s “personal decision” to leave the Supreme Court — and allow President Joe Biden and the Democratic-led Senate replace her with a younger liberal.

The Atlantic published an op-ed on Monday written by journalist Josh Barro, calling on President Joe Biden and other Democrats to push the 69-year-old liberal judge to retire while the White House and Senate remain in Democratic hands.

Otherwise, Barro warned, Democrats risked expanding the 6-3 conservative majority to 7-2 if former President Donald Trump or Senate Republicans were successful.

Jean-Pierre was asked aboard Air Force One on Tuesday whether the president had considered asking Sotomayor, the nation’s first Latina judge, to bow out now.

“That’s a personal decision she has to make,” the press secretary replied. “That’s something she has to make. It is not something we create, lean on, or concern ourselves with. So I won’t even answer that question.’

White House Press Secretary Karine Jean-Pierre (left) said Tuesday that it would be the “personal decision” of Judge Sonia Sotomayor (right) to leave the Supreme Court — and to allow President Joe Biden and the Democratic-led Senate to allow her to be replaced by a younger liberal

Barro wrote that he feared identity politics would prevent Democrats from asking Sotomayor to go out.

When she was appointed by President Barack Obama in 2009, she made history as the nation’s first Latina judge.

But that’s why Democrats are “concerned that publicly calling for the first Latina justice’s resignation would seem nonsensical or insensitive,” according to a Politico report that Barro cited in his op-ed.

“This is incredibly cowardly,” Barro wrote. “You’re afraid that control of the Court will remain completely out of reach for more than a generation, but because she’s Latina, you can’t get along with an official who jeopardizes your entire policy project, right?”

“If this is the way the Democratic Party operates, it deserves to lose,” Barro added.

Barro did the math, suggesting that if Sotomayor doesn’t retire this year, she will “make a bet that she will remain fit to serve until possibly age 78 or even age 82 or 84.”

“And she will force the entire Democratic Party to make that high-stakes bet with her,” he said.

President Joe Biden gives a thumbs up as he leaves the White House for a trip west on Tuesday. Jean-Pierre wouldn’t say whether he would give Sotomayor a push toward the door, which would allow him to appoint a second Supreme Court justice in his first term

Sotomayor has been open about some of her health issues, including the fact that she has diabetes and sometimes has to travel with a doctor.

Since the June 2021 Dobbs decision to overrule Roe v. Wade, Democrats have been unsure about the composition of the Supreme Court.

Former President Donald Trump was able to appoint three justices during his one term.

Conservative Justice Neil Gorsuch replaced the late conservative Justice Antonin Scalia after the seat was controversially kept open by then-Senate Majority Leader Mitch McConnell, despite Obama now announcing Attorney General Merrick Garland as his pick.

Trump then selected Judge Brett Kavanaugh to replace retiring conservative Judge Anthony Kennedy.

Finally, in another controversial move, conservative Judge Amy Coney Barrett was replaced — just days before the 2020 presidential election — by now-liberal Justice Ruth Bader Ginsburg, who died of cancer on September 18.

Democrats were outraged by this move but could do nothing about it as Republicans controlled both the White House and the Senate.

“I thought the Democrats learned a lesson from the Ruth Bader Ginsburg episode about the importance of defending in a field where you don’t have the majority,” Barro said. “All liberals need to show that this stubbornness is just a bunch of dissent and kitschy home decor.”

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