Politics in Washington is often a game of "what if," but few hypotheticals have caused as much of a stir as the recent suggestion that President Biden should make a late-game play for the Supreme Court. It started on a Friday morning in late 2024. CNN political commentator Bakari Sellers suggests Sonia Sotomayor's replacement with Kamala Harris during a live segment, and honestly, the internet basically melted. Sellers, a staunch ally of the Vice President, didn't just float the idea—he leaned into it. He argued that with the clock ticking toward a new administration, the Democrats needed to stop playing defense and start swinging for the fences.
The logic is pretty straightforward, if a bit chaotic. Justice Sonia Sotomayor is 70. She’s been an absolute powerhouse on the bench since 2009, but she’s also the third-oldest member of the court. For many progressives, the ghost of Ruth Bader Ginsburg (RBG) loams large. They remember all too well what happened when a seat was held too long and then filled by a conservative supermajority. Sellers’ pitch was simple: have Sotomayor step down now, let Biden nominate Harris, and jam the confirmation through before the term ends.
The Bakari Sellers Proposal: "Make People's Heads Explode"
When Sellers appeared on "CNN News Central" with host John Berman, he wasn't looking for a polite policy debate. He wanted to "stir up everything." He specifically mentioned that he didn't want Sotomayor to become "another Ruth Bader Ginsburg" in terms of staying past a window where a Democratic president could pick her successor.
"I want people's heads to explode this morning," Sellers said during the broadcast. He wasn't kidding. The idea of Kamala Harris, who was then coming off a grueling election cycle, being pivoted directly into a lifetime appointment on the nation’s highest court is the kind of political theater that usually stays in fan-fiction threads on Reddit. But here it was, being discussed on national television.
Sellers later doubled down on X (formerly Twitter), listing Harris alongside other "vetted" candidates like Sri Srinivasan and Michelle Childs. He argued that the Democrats had about ten weeks to get it done. Remember how fast Amy Coney Barrett was confirmed? Sellers certainly does. He basically said, "If they can do it, why can't we?"
Why Kamala Harris?
It sounds wild, but Harris actually has the "legal pedigree" Sellers was talking about. Before she was VP, she was:
- The District Attorney of San Francisco.
- The Attorney General of California (managing the largest state justice department in the country).
- A member of the Senate Judiciary Committee, where she became famous for her sharp-as-a-tack questioning of Brett Kavanaugh and William Barr.
For Sellers and his supporters, Harris wouldn't just be a seat-filler. She would be a strategic "liberal lion" who knows exactly how to navigate the technicalities of the law while holding a massive public profile.
The Sotomayor Factor: Is She Actually Going Anywhere?
Here’s the reality check: Sonia Sotomayor has given zero indication that she wants to retire. In fact, she’s been quite vocal about her commitment to the job. While she’s joked in public appearances about being "tired" or "frustrated" by the current 6-3 conservative split, that’s a far cry from packing up her chambers.
Sotomayor is the first Latina Justice. Her legacy is massive. For many, the idea of "forcing" her out feels disrespectful at best and ageist at worst. Senator Bernie Sanders even weighed in, calling the pressure for her to resign "not a sensible approach."
There’s also the "Manchin Problem." Even if Sotomayor agreed to step down tomorrow, the Democrats’ Senate majority was razor-thin at the time of this proposal. Outgoing Senator Joe Manchin has been a consistent roadblock for nominees he deems too partisan. Sellers himself admitted that Harris "likely doesn't get Manchin's vote." If you can't get 50 votes plus the VP tie-breaker, the whole plan is a non-starter.
The "RBG Shadow" and the Fear of 7-2
You can't talk about CNN commentator suggests Sonia Sotomayor's replacement with Kamala Harris without talking about the math. The court is currently 6-3. If a liberal justice leaves during a Republican administration, it becomes 7-2. That’s a generational shift. We aren't talking about a few years of conservative rulings; we're talking about thirty or forty years.
Progressive groups like the People's Parity Project have been sounding the alarm for a while. They argue that the "polite" way of doing things—waiting for a Justice to decide on their own terms—is a luxury the left can no longer afford. They see the Supreme Court as a political battlefield, not a neutral ivory tower.
The Logistics of a "Lame Duck" Confirmation
Is it even possible to confirm a Justice in two months?
- The Announcement: Sotomayor would have to resign "conditionally" (meaning she only leaves if a successor is confirmed).
- The Vetting: The White House would need to submit paperwork immediately.
- The Hearings: The Senate Judiciary Committee would have to waive traditional timelines.
- The Vote: Every single Democrat and Independent would need to stay in D.C. and vote "yes."
In a normal world, this takes six months. In a post-2020 world? It’s technically possible but requires a level of party discipline that Democrats haven't always shown.
Is This Just a Distraction?
Many critics argue that floating Harris for the Supreme Court is just a way to keep her in the conversation. Since the 2024 election didn't go the way the administration hoped, her supporters are looking for a "landing spot" that matches her experience.
But the Supreme Court isn't a consolation prize. It’s a lifetime commitment to reading thousands of pages of dry legal briefs and living a relatively sequestered life. Would Harris even want it? She’s a politician by nature—she likes the campaign trail, the town halls, and the executive action. The bench is a very different vibe.
Actionable Insights: What Happens Next?
While the "Harris to SCOTUS" plan feels like a long shot, the conversation itself changes how we think about judicial vacancies. Here is what to keep an eye on:
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- Monitor Sotomayor’s Public Schedule: If she starts canceling appearances or shifts her tone in dissents, the "retirement watch" will hit fever pitch.
- Watch the Lame-Duck Senate: Look for how many judicial nominees are being pushed through right now. If the pace accelerates, it shows the Democrats are in "legacy mode."
- The "Conditional Resignation" Precedent: If this ever happens, it will change the Supreme Court forever. It turns the bench into a relay race where the baton is only passed when the next runner is already at full speed.
The suggestion by Bakari Sellers might have been designed to "make heads explode," but it also highlighted a very real anxiety within the Democratic party. Whether it's Harris or someone else, the pressure on the liberal wing of the court to "age gracefully out of office" is only going to get louder.
For now, Sotomayor remains in her seat, and Harris remains in the West Wing. But in Washington, today's "crazy idea" often becomes tomorrow's talking point.