Democrats have lacked an outright majority this week in the Senate as a number of temporary absences complicate their ability to confirm Joe Biden's nominees and give Republicans an easier time sending legislation to the president's desk.
Four senators have missed all of their votes this week, three Democrats and one Republican, underscoring just how tenuous the 51-49 Democratic control of the upper chamber is.
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Sen. Dianne Feinstein (D-CA) has left Washington to deal with a “health matter,” according to a spokesperson, and it's not clear when she'll be back for Senate votes. “She hopes to return to Washington soon,” her office said on Wednesday.
The 89-year-old senator announced last month that she will not be seeking reelection in 2024 but still has almost two years left in her term.
Meanwhile, Sen. John Fetterman (D-PA) has been undergoing treatment for clinical depression since Feb. 15, with no clear date of return, and Sen. Jeff Merkley (D-OR) flew home after his mother died on Monday. Sen. Bob Casey (D-PA) had prostate cancer surgery last month but has since returned to work at the Capitol.
On the other side, Sen. Mike Crapo (R-ID) has been out after contracting the coronavirus.
As a result of the absences, Democrats have functionally had a 48-48 majority this week, leading Vice President Kamala Harris to step in to cast several tiebreaking votes.
The Democratic-controlled Senate voted 49-48 in favor of one of Biden’s judicial nominees, Margaret Guzman, to become the first Hispanic federal judge in Massachusetts. Harris also had to break a 48-48 deadlock on Tuesday to confirm Araceli Martinez-Olguin to serve as a federal judge in the Northern District of California.
Even once Merkley and Crapo return, the balance in the Senate will be 49-49. The Senate absences could also have implications outside of judicial nominations.
White House deputy press secretary Olivia Dalton declined to comment on whether the administration is concerned whether absences among Democratic senators could derail the confirmation of Julie Su, Biden’s nominee to run the Labor Department.
The absences could also make it easier for Republicans to pass their legislative priorities. The party is already using a congressional tool that rescinds recently finalized rules with a simple majority vote in both chambers and the signature of the president, giving Republicans a limited ability to send bills to Biden's desk even though they don't control the upper chamber.
On Wednesday, the Senate passed a resolution to undo a Biden administration rule that allows retirement plans to consider environmental, social, and corporate governance in their investment decisions.
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Separately, Republicans are also moving closer to blocking changes to the District of Columbia’s criminal code that would reduce penalties on a variety of criminal offenses, including carjackings, as well as a resolution on the Environmental Protection Agency and the Army Corps of Engineers’s “waters of the U.S.” regulation.
Although the crime bill resolution is not being advanced under the Congressional Review Act like the ESG and "WOTUS" measures, Senate rules dictate that Senate Majority Leader Chuck Schumer (D-NY) can't stop Republicans from putting it up for a vote.