Durbin: Calls to replace Sotomayor not 'a realistic idea'

Senate Judiciary Chair Dick Durbin (D-Ill.) said Tuesday that the possibility that Supreme Court Justice Sonia Sotomayor will step down during a lame-duck session while President Biden is in office is “not a realistic idea.”

“Whoever makes those calls [for retirement] can’t count,” Durbin told reporters in the Capitol, pointing to all the legislation they need to pass before 2025.

“Take a look at the calendar and tell me how in the world you could achieve that without setting aside the budget and the defense authorization act and all the other things that need to be done?”

“I don’t think it’s a realistic idea,” he said.

Sen. Bernie Sanders (I-Vt.) also doesn’t think it’s a great idea. He said Sunday that calling for Sotomayor to step down is not a “sensible approach.”

Sotomayor has made it clear she has no plans to step down from the Supreme Court. Some progressives have called for Biden to name Sotomayor’s successor, ideally someone younger, to serve a lifetime appointment before President-elect Trump enters office.

Sotomayor, 70, is in “great health,” sources close to her told CNN. The court needs her “now more than ever,” they said.