On election night, Miranda Yaver, an assistant professor of health policy and management at the University of Pittsburgh, posted on X, formerly Twitter, "Sotomayor should retire tomorrow and let the lame duck Senate confirm her replacement."

A lame-duck session refers to the final months of a president's term after the presidential successor is elected in November but before a new Congress convenes in early January. Biden leaves office on January 20, giving the administration just over two months to nominate and confirm a justice.

David Dayen, editor of The American Prospect echoed the same sentiments, writing on Wednesday, "This would probably be a good day for Sotomayor to retire."