Senate Republicans prevented a swift action proposed by Democrats to substitute Senator Dianne Feinstein (D-CA) on the Senate Judiciary Committee on Tuesday, reports said.
During the session, Senate Majority Leader Chuck Schumer (D-NY) requested unanimous consent for a resolution that would permit Ben Cardin, a senior senator from Maryland and a Democrat, to replace Dianne Feinstein on the Senate Judiciary Committee. However, Senator Lindsey Graham (R-SC) opposed the move, the Daily Wire noted.
“She’s a dear friend, and we hope for her speedy recovery and return back to the Senate. With all due respect, my colleague, Sen. Schumer, this is about a handful of judges that you can’t get the votes for,” Graham said, per CNN.
Graham cited the significance of nominees for federal courts across the country as a crucial factor in the debate. As of mid-February, over 100 judicial appointments had been approved by the Senate, a sign that President Joe Biden was surpassing his immediate predecessors’ pace nomination record.
Any efforts to remake the federal judiciary to lean left, however, hit a roadblock when Feinstein became absent from Capitol Hill, causing delays in the judiciary panel’s review of both executive and judicial nominations.
In the event that Democrats decide to pursue this matter, the move to replace Feinstein on the Judiciary Committee would necessitate a vote that requires the backing of at least 60 members in the Senate, which is narrowly divided. However, prospects for such a vote seem bleak, as it would need at least 10 Republicans to align with Democrats and independents. On Tuesday, Senate Minority Leader Mitch McConnell (R-KY) stated that GOP senators “will not take part in sidelining a temporary absent colleague off a committee just so Democrats can force through their very worst nominees.”
In early March, Feinstein revealed that she had been admitted to a hospital in San Francisco after being diagnosed with shingles. Despite her hope to return to the Senate by the end of that month, it did not happen.
Consequently, some of her fellow Democrats, such as Representative Ro Khanna (D-Calif.), began urging her to retire. Rather than resigning, Feinstein requested Schumer last week to take her place temporarily on the Judiciary Committee until she recovers.
Recently, Judiciary Chairman Dick Durbin (D-IL) acknowledged that Feinstein’s absence was impeding the panel’s capacity to progress with Biden’s nominees to federal courts across the country, given that the panel is split 10-10 along party lines without her. Durbin told to CNN, “I can’t consider nominees in these circumstances because a tie vote is a losing vote in committee.”
Another matter that could be affected by the absence of Feinstein is a prospective hearing centered on Supreme Court Justice Clarence Thomas and his undisclosed gifts and luxury travels from a wealthy conservative donor. An aide for the Democrats informed NBC News that the use of a subpoena “out of the question” without a majority on the committee.
It is still feasible for Feinstein to return to Washington, D.C. shortly, which could make a vote to replace her on the judiciary panel unnecessary. Schumer spoke with reporters on Tuesday, revealing that he “spoke to Sen. Feinstein just a few days ago and she and I are both very hopeful that she will return very soon.”
