On April 20, the Senate Judiciary Committee advanced seven judicial nominees from President Joe Biden, thanks to at least one Republican joining the Democrats on the panel.
The nominees had been in a holding pattern due to the absence of Sen. Dianne Feinstein (D-Calif.), who has been dealing with shingles since February.
The Republican senators who joined their Democrat colleagues in advancing the nominees included those nominated for U.S. District Court judges for the Northern District of Illinois, Jeffrey Cummings and LaShonda Hunt; Orelia Merchant for the Eastern District of New York; Michael Farbiarz and Robert Kirsch for the District of New Jersey; and Monica Almadani and Wesley Hsu for the Central District of California.
With 11 members on the judiciary panel, including Chairman Dick Durbin (D-Ill.), the Democrats control the Senate and hold the majority on each committee.
The Republicans have 10 members.
Feinstein requested a temporary replacement, but Ranking Member Lindsey Graham (R-S.C.) blocked the move.
Durbin said he had spoken with Graham and decided to hold the first hearing in weeks to vote on the nominees, despite Feinstein’s absence.
Durbin stated that the nominees had bipartisan support, and there was no reason not to proceed with the vote.
Graham expressed his commitment to keeping the committee moving forward, with colleagues voting according to their best judgment.
Both Durbin and Graham wished Feinstein well and expressed hope for her speedy return.
Without Republican support, Democrats cannot advance nominees to the full Senate.
As CNN reported, Feinstein voted by proxy for each nominee, but under committee rules, proxy votes are only allowed if they are not the deciding vote.
Graham was the only Republican to vote for three of the nominees, while other Republicans, such as Sens. Chuck Grassley (R-Iowa) and Mike Lee (R-Utah), voted for the others.
Durbin held back other appointees, including Kato Crews, suggesting they may not have had any Republican support.
Senate Minority Leader Mitch McConnell (R-Ky.) recently stated on the Senate floor that mainstream and qualified nominees would receive bipartisan support.
However, Feinstein’s absence meant that Democrats would be unable to push through nominees deemed extreme and unqualified without a single Republican vote in committee.
During his confirmation hearing, Crews could not recall what a Brady motion was, revealing a lack of knowledge that, according to McConnell, rendered him unqualified for the position.
Charnelle Bjelkengren, another nominee who did not receive a vote, was unable to state the contents of Article II or Article V of the U.S. Constitution during her confirmation hearing.
If a nominee is advanced from the judiciary panel, they can be approved with a simple majority.
Democrats hold 51 seats in the upper chamber after flipping one in the midterm elections, giving them enough votes even with Feinstein’s absence, following Sen. John Fetterman‘s (D-Pa.) recent return from a hospital stay for depression.