Supreme Court Justice Sonia Sotomayor said that as lawyers, the job is to “stand up for people who can’t do it themselves,” adding that right now, “we can’t lose the battles we are facing.”
Newsweek reached out to the Supreme Court via email Friday for comment.
Why It Matters
During his second term in office, President Donald Trump‘s push for mass deportations has been routinely held up in the courts.
Within his first 100 days, the president invoked the Alien Enemies Act, granting him authority to deport and detain noncitizens. The implementation was originally blocked in court, with a judge calling for planes to turn around mid-flight.
Republican appointee Chief Justice John Roberts, in a rare statement in March, reacted to Trump calling for the impeachment of judges who’ve ruled against him.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said.
What To Know
While speaking at an American Bar Association (ABA) event to hundreds of lawyers and judges Thursday night, Sotomayor spoke on the importance of the job.
“If you’re not used to fighting and losing battles, then don’t become a lawyer,” the Democratic nominee said, according to The New York Times.
“We need trained and passionate and committed lawyers to fight this fight,” she said. “With all the uncertainty that exists at this moment, this is our time to stand up and be heard. For me, being here with you is an act of solidarity,” the justice said, according to the ABA.
Her remarks follow Roberts’ comments this week as well, who said that in order for the judiciary to work, it needs to be independent.
“Its job is to obviously decide cases, but in the course of that, check the excesses of Congress or the executive, and that does require a degree of independence,” the chief justice said in part.
Sotomayor was interviewed alongside D.C. federal appeals court judge J. Michelle Childs at the event. When accepting an award on Thursday, the Times reports that Childs seemingly took a swipe at the Trump administration, saying, “We’re not trying to be activist judges,” adding, “We’re just trying to uphold the Constitution.”
Trump has repeatedly taken aim at “activist judges” across the country who have ruled against him in immigration cases, notably calling for their impeachment. The president has also taken aim at big law firms, via executive order, for their previous advocacy work.
What People Are Saying
Judicial Crisis Network President Carrie Severino on X, formerly Twitter, reacting to Sotomayor’s remarks on Friday: “Justice Sotomayor just told an ABA audience that ‘Our job is to stand up’ and that ‘we can’t lose the battles we are facing.’ Also: ‘We need trained and passionate and committed lawyers to fight this fight.’ That makes a mockery of any appearance of objectivity in cases challenging the administration or involving the ABA.”
In a follow-up post on X, Severino said, “So what do the Democrats who regularly look for lame pretexts for conservative justices to recuse from cases have to say about this? And are the journos worried about the ethics of what she said or are we all good?”
David Limbaugh, conservative commentator and lawyer, on X on Friday: “This should be considered stunning, but when it comes to leftist judges, even Supreme Court justices, I guess it’s not shocking. It’s still disgraceful IMHO.”
Trump on Truth Social this week: “Our Court System is not letting me do the job I was Elected to do. Activist judges must let the Trump Administration deport murderers, and other criminals who have come into our Country illegally, WITHOUT DELAY!!!”
Former Palm Beach County State Attorney Dave Aronberg previously told Newsweek via X regarding Roberts’ most recent comments: “Chief Justice Roberts is very measured with his words, and tries to avoid any appearance of partisanship. That’s why his mild rebukes of President Trump and Congress speak volumes. He is trying to respond to the moment, understanding that he seems to be one of the few individuals in government that Trump respects. That’s because President Trump needs him more than he needs Trump.”
In a follow-up message on Friday regarding Sotomayor’s comments, Aronberg told Newsweek via X: “We are living in unprecedented times with unique challenges to our democracy, so I don’t begrudge these Justices from speaking out, as long as they don’t direct their comments at a specific individual. To me, Justice Thomas’ refusal to recuse himself from cases involving potential conflicts of interest is much more concerning.”
What Happens Next
The Trump administration has recently requested that the Supreme Court intervene on an immigration cases as they have been held up in lower courts.
Update 5/9/25, 8:53 p.m. ET: This article has been updated with comment from Aronberg.
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