 Since President Barack Obama 's election there was speculation that Sotomayor could be a leading candidate for a Supreme Court seat . New York Senators Charles Schumer and Kirsten Gillibrand wrote a joint letter to Obama urging him to appoint Sotomayor , or alternatively Interior Secretary Ken Salazar , to the Supreme Court if a vacancy should arise during his term . The White House first contacted Sotomayor on April 27 , 2009 , about the possibility of her nomination . On April 30 , 2009 , Justice David Souter 's retirement plans leaked to the media , and Sotomayor received early attention as a possible nominee for Souter 's seat to be vacated in June 2009 . On May 25 , Obama informed Sotomayor of his choice ; she later said , " I had my [ hand ] over my chest , trying to calm my beating heart , literally . " On May 26 , 2009 , Obama nominated her . She became only the second jurist to be nominated to three different judicial positions by three different presidents . The selection appeared to closely match Obama 's presidential campaign promise that he would nominate judges who had " the heart , the empathy , to recognize what it 's like to be a teenage mom . The empathy to understand what it 's like to be poor , or African @-@ American , or gay , or disabled , or old . " 
