In the wake of the 2024 presidential election, conservative legal voices are increasingly advocating for changes to the U.S. Supreme Court. One of the most prominent suggestions comes from Mike Davis, a former law clerk for Justice Neil Gorsuch, who recently proposed that U.S. District Judge Aileen Cannon should replace Justice Sonia Sotomayor.
Davis’ call follows Donald Trump’s victory in the presidential race, which saw him win both the popular vote and the Electoral College. With a Republican majority in the Senate, many conservatives are now concerned that Democrats may seek to replace Sotomayor with a more liberal justice. This, they argue, could shift the ideological balance of the Court even further to the left.
Sotomayor, who was appointed to the Court by President Barack Obama in 2009, is currently the oldest justice appointed by a Democrat, at 70 years old. As the first Latina on the Court, she has been a major figure for liberal causes throughout her tenure. However, given the current political climate, some believe it would be a strategic move for her to step down, allowing President Biden to appoint a successor. This would ensure that the Democratic Party maintains a strong foothold in the judiciary, especially with a Senate that could be sympathetic to Biden’s choices.
On Steve Bannon’s War Room podcast, Davis voiced his support for Cannon to replace Sotomayor, stating that she should step down “for the good of the country.” He went further, urging Republicans in the Senate to block any potential nominees from Biden, insisting that Judge Cannon be appointed to solidify the conservative majority on the Court.
Judge Aileen Cannon, appointed by President Trump in 2020, gained national attention for her handling of the Mar-a-Lago classified documents case. Although Cannon’s rulings were criticized by the left as being overly favorable to Trump, many conservatives view her as a strong, fair jurist who would serve as a reliable conservative voice on the Supreme Court. Davis’s comments reflect a broader push among Trump supporters to ensure that any vacancies on the Court are filled with strong, conservative judges who uphold constitutional principles.
Davis has been an outspoken defender of Trump’s legal battles, which have been framed by many on the left as politically motivated attacks. In particular, he has been highly critical of Special Counsel Jack Smith’s investigations and has even threatened legal action against New York Attorney General Letitia James, whose office won a civil case against Trump’s business earlier this year.
Meanwhile, in discussions about Sotomayor’s potential departure, Bannon raised the issue of her health, noting that Sotomayor has type 1 diabetes, which could potentially affect her tenure on the Court. However, Davis dismissed such concerns, suggesting that the drive to replace her is more about partisan strategy than health reasons. He accused Democrats of using her position to further their agenda by pushing her out when the time is right.
As Republicans prepare for a second term under Trump, the future of the Supreme Court remains a critical issue. If Judge Cannon were nominated and confirmed, it would not only shift the Court further to the right but would also solidify the conservative legacy of Trump’s judicial appointments. With a strong Republican Senate, the opportunity to reshape the Court for decades could be within reach, ensuring that future legal decisions align more closely with conservative values and constitutional principles.