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Sen. Feinstein requested to temporarily have someone replace her on the Judiciary Committee amid health concerns, but Republicans could prevent that from happening

Apr 14, 2023, 01:09 IST
Business Insider
Dianne Feinstein.Justin Sullivan/Getty Images
  • Sen. Dianne Feinstein asked Senate Majority Leader Chuck Schumer to temporarily replace her on the Judiciary Committee.
  • She's been absent from the Senate since mid-February as she recovers from shingles.
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After two Democratic representatives publicly called on her to resign, Sen. Dianne Feinstein announced that she asked Senate Majority Leader Chuck Schumer to temporarily have someone replace her on the Judiciary Committee amidst health concerns.

Feinstein, who's 89 years old and has served in the Senate for more than 30 years, contracted shingles in mid-February. Whilst she first expected she'd return to Washington, DC by the "end of the March work period," she said in a release that her "return to Washington has been delayed due to continued complications related to my diagnosis."

Feinstein currently sits on the Senate Judiciary Committee, where Democrats hold 11 seats compared to the Republican Party's 10. To send a judicial nominee to the Senate floor, the 21-person panel requires a majority of its members be present to vote for the nominee. If a tie vote happens, the nominee never makes it to the Senate.

Without Feinstein in Washington, DC, committee chair Sen. Dick Durbin has had to ask to delay meetings on several occasions when Feinstein was to be the pivotal tiebreaking vote, according to NBC News.

This problem came to a head on Wednesday, after two Democratic congressmen — including one from California — called on Feinstein to resign.

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"It's time for @SenFeinstein to resign," Rep. Ro Khanna tweeted on Wednesday. "We need to put the country ahead of personal loyalty. While she has had a lifetime of public service, it is obvious she can no longer fulfill her duties. Not speaking out undermines our credibility as elected representatives of the people."

Feinstein released a statement saying that she asked Schumer to have a Democrat temporarily replace her on the Judiciary Committee until her health concerns subside.

However, this is unconventional, and could fail due to GOP opposition. Politico noted on Thursday, it's not typical to change someone's committee assignment mid-session, even temporarily, and it will require either 60 votes or unanimous consent to occur. Democrats can count on 51 votes typically, and it's not obvious which if any Republicans will break rank to aid Democrats in appointing judges.

Michael Thorning, a former Senate Democratic aide who now works on governance issues at the Bipartisan Policy Center, warned that cooperation is hard to come by in today's highly politicized environment.

"While the Senate has traditionally handled these matters by unanimous consent, Sen. Feinstein's request for a temporary replacement is likely unprecedented," Thorning said of the impromptu proposal.

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Democratic Rep. John Garamendi of California rose to Feinstein's defense, urging Senate Democrats to honor her wishes and slot in a short-term substitute.

"I both respect and support her decision, and I do not believe it is necessary for Senator Feinstein to resign," the eight-term lawmaker wrote in a statement, adding that the "steward of progress" had earned the right to serve out her remaining term.

No Republicans have publicly said just yet if they'll vote against Feinstein's request, though it could serve as an opportunity for the party to further prevent or slow down the Senate from confirming President Joe Biden's preferred judges. It's not obvious which if any Republicans will break rank to aid Democrats in appointing judges.

If Republicans in the Senate prevent the committee change from happening, it could lead to even more pressure from Democrats for Feinstein to resign. If she does choose to step down before her term ends, California Gov. Gavin Newsom has the power to appoint a replacement for her to finish off her Senate term.

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