A Democratic effort to temporarily replace Sen. Dianne Feinstein (D-Calif.) on the Senate Judiciary Committee failed on Tuesday, depriving Democrats of an easy way out of their dilemma involving the ailing California senator.
Senate Majority Leader Chuck Schumer (D-N.Y.) asked for unanimous consent on the Senate floor to approve a resolution subbing out Feinstein with Sen. Ben Cardin (D-Md.), but Sen. Lindsey Graham (R-S.C.) objected.
Feinstein, 89, requested last week that she be temporarily replaced on the powerful panel while she recovers from a bout of shingles that has kept her away from Washington for two months. It’s unclear when she will return, and her continued absence could stall dozens of President Joe Biden’s judicial nominees.
But nearly every Senate Republican said this week they would not vote to replace Feinstein because doing so would effectively give Democrats the ability to advance nominees in the committee who don’t have bipartisan support.
“Senate Republicans will not take part in sidelining a temporary absent colleague off a committee just so Democrats can force through their very worst nominees,” Senate Minority Leader Mitch McConnell (R-Ky.) said Tuesday.
Schumer could still try to schedule a vote on the resolution to sub out Feinstein, but that process would eat up valuable floor time and face the same GOP opposition.
Senate Democrats aren’t pushing for Feinstein to resign, at least for now. Feinstein already announced she won’t run for reelection, but has said she will serve out the rest of her term.
“That’s a decision for her and her constituents to make. I hope she’ll be back with us,” said Sen. Mazie Hirono (D-Hawaii), who serves with Feinstein on the Judiciary Committee.
Sen. Debbie Stabenow (D-Mich.) called Feinstein “a champion and a role model for all the women in the Senate and I want her wishes to be respected.”
Still, it’s unclear how long Democrats can hold their fire with pressure rising from progressives and other advocates for Feinstein to retire early. The battles over Democratic priorities like abortion rights and LGBTQ+ rights are being waged in the courts right now, and filling critical judicial vacancies is a key tool in that fight.
“We’re worried about her health and we want her back as soon as we can,” Sen. Tim Kaine (D-Va.) said. “But also we have a majority and the ability to even have a one-member majority on a committee is sizable because it avoids the need for a discharge petition which eats up valuable time.”
