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Campos argues that if Justice Sotomayor were to retire while President Biden is in office, it would allow Democrats to appoint a younger, progressive justice to fill her seat. This would help prevent the Supreme Court from becoming overwhelmingly conservative, as it did with the recent appointment of Justice Amy Coney Barrett to fill the seat left vacant by the late Justice Ruth Bader Ginsburg. By retiring strategically, Justice Sotomayor could help maintain some balance on the Court and prevent the erosion of progressive values for years to come.

The idea of justices retiring strategically to maintain a balanced ideological makeup on the Supreme Court is not new. In fact, it has been suggested in the past by legal scholars and commentators. However, Justice Sotomayor has not indicated any plans to retire at this time. It remains to be seen whether she will consider the argument put forth by Professor Campos or if she will choose to stay on the Court for the foreseeable future.

One of the main concerns cited by Campos is the impact that a right-leaning Supreme Court could have on important issues such as civil rights, reproductive rights, and voting rights. With the recent appointment of three conservative justices by former President Trump, there is a fear that the Court could shift further to the right and potentially overturn longstanding precedent on issues that are important to progressives. By retiring now, Justice Sotomayor could help prevent this from happening and ensure that the Court remains balanced.

It is important to note that the decision to retire is ultimately up to Justice Sotomayor. She may choose to stay on the Court for as long as she sees fit, regardless of outside pressure or recommendations. While retiring strategically could have its benefits in terms of maintaining ideological balance on the Court, it is a personal decision that each justice must make based on their own considerations and timing. The Supreme Court plays a crucial role in shaping the legal landscape of the country, and decisions about retirement should not be taken lightly.

In conclusion, Professor Campos makes a compelling argument for Justice Sotomayor to retire while President Biden is in office in order to prevent a catastrophic imbalance on the Supreme Court. By doing so, Justice Sotomayor could help ensure that progressive values are not eroded for years to come and that the Court remains balanced in its ideological makeup. While it remains to be seen how Justice Sotomayor will respond to this suggestion, it is clear that retirement decisions for Supreme Court justices have far-reaching implications and should be carefully considered. Only time will tell what the future holds for the Court and whether strategic retirements will become more common in the years to come.

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