When the Senate comes back into session next week, Democrats will try to replace Sen. Dianne Feinstein (D-CA) on the Judiciary Committee temporarily since she has been away recovering from shingles. But swapping out the 89-year-old Democratic senator for another is easier said than done.
The senior California senator has faced criticism from her colleagues, with some calling on her to resign on Wednesday after her prolonged absence continued to cause delays for President Joe Biden’s judicial nominees. Feinstein announced her plan to retire in February but said she would finish up her term in 2024. When she was diagnosed with shingles, she was “expected to return by the end of the March work period.” Her return has since been delayed due to her diagnosis, causing her to miss 58 Senate votes and paralyzing the Judiciary Committee.
FEINSTEIN ASKS FOR TEMPORARY REPLACEMENT ON JUDICIARY COMMITTEE
“I understand that my absence could delay the important work of the Judiciary Committee, so I’ve asked Leader Schumer to ask the Senate to allow another Democratic senator to temporarily serve until I’m able to resume my committee work,” she said in a statement on Wednesday.
Following Feinstein’s statement, a spokesperson for Senate Majority Leader Chuck Schumer (D-NY) said the New York senator intends to ask the Senate next week to “allow another Democratic senator to temporarily serve on the Judiciary Committee.”
However, the process of swapping Feinstein’s membership on the high-profile committee temporarily could be a challenging feat for Democrats. Schumer must propose amending the chamber’s organizing resolution, which could require consent from all 100 senators. If any senator decides to block unanimous consent, there would need to be 60 votes to break a filibuster. This means at least 10 Republicans would need to support the measure.
“Republicans are not just going to allow this to happen, voting for this is like voting for all of the Democrats' really controversial nominees. I just don’t see it,” said a Republican Senate aide speaking on the condition of anonymity. “I just don’t know who those 10 Republicans would be who would support this.”
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Democrats can move forward with the judiciary nominees on the Senate floor who have already advanced from the committee. Nominees still being considered by the committee could move forward with enough Republican support. But more controversial nominees may not advance if Feinstein’s spot on the committee remains open while she recovers from shingles.