Dianne Feinstein's Replacement Plan Has One Major Problem

California Senator Dianna Feinstein said she will temporarily give up her seat on the Judiciary Committee, a move that will require support from Republicans in the upper chamber, as the Democrat faces calls from her own party to resign.

Feinstein, 89, who is recovering after being hospitalized with shingles in early March, is under pressure amid concerns that her absence in Washington D.C. is impacting the process of confirming President Joe Biden's judicial nominees.

During her illness, Feinstein has missed 58 Senate votes, including 25 for judicial nominees and 13 for executive branch nominees. Feinstein also missed two votes this year before she fell ill, meaning the Democrat has failed to take part in 60 votes of the 82 Senate votes taken in 2023 so far.

In a statement on Wednesday, Feinstein dismissed calls from her own party to resign and vowed to return to D.C. soon. Feinstein said she will also ask Senate Majority Leader Chuck Schumer to appoint a temporary replacement for her on the Judiciary Committee in order to allow the Senate to confirm justices.

 Dianne Feinsten resign senate
Sen. Dianne Feinstein (D-CA) leaves the Senate Chamber following a vote in the U.S. Capitol on February 14, 2023 in Washington, DC. Chip Somodevilla/Getty Images

"When I was first diagnosed with shingles, I expected to return by the end of the March work period. Unfortunately, my return to Washington has been delayed due to continued complications related to my diagnosis," Feinstein said.

"I intend to return as soon as possible once my medical team advises that it's safe for me to travel. In the meantime, I remain committed to the job and will continue to work from home in San Francisco.

"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."

In order for Feinstein's replacement to be confirmed, it would need to pass a vote in the Senate. However, it is unclear if Republicans would be so eager to replace Feinstein on the powerful committee, given her absence gives the GOP an advantage.

It would require 60 Senate votes to approve the steps to replace Feinstein, meaning at least 10 Republican Senators would need to support replacing Feinstein during her illness.

Democrats hold an 11-10 advantage on the Judiciary Committee, with Feinstein's absence slowing down the work of the committee which considers nominations to the federal courts, including the Supreme Court.

Senate Judiciary Committee Chairman Dick Durbin told CNN Monday that Feinstein's absence is impacting the process of confirming judicial nominees because it cannot consider nominees in a 10-10 split as a "tie vote is a losing vote."

On Wednesday, two House Democrats called on Feinstein to resign amid concerns her continuing absence is impacting the work of the Senate.

"It's time for Sen. Feinstein to resign. We need to put the country ahead of personal loyalty. While she has had a lifetime of public service, it is obvious she can no longer fulfill her duties. Not speaking out undermines our credibility as elected representatives of the people," California Rep. Ro Khanna tweeted.

Shortly afterwards, Minnesota Rep. Dean Phillips agreed with Khanna's calls for Feinstein to step down.

"Senator Feinstein is a remarkable American whose contributions to our country are immeasurable. But I believe it's now a dereliction of duty to remain in the Senate and a dereliction of duty for those who agree to remain quiet," Phillips said.

Feinstein's current illness coincided with Senator John Fetterman of Pennsylvania seeking treatment for depression, meaning the Senate has essentially been split 49-49 in recent weeks.

Vice President Kamala Harris has had to cast three tie-breaking votes this year in her role as president of the Senate as a result of Feinstein's and Fetterman's absences.

Fetterman, who is not a member of the Judiciary Committee, is slated to return to office during the week of April 17.

Feinstein, the oldest member of the current U.S. Congress, was first voted into the Senate in 1992. In February, she confirmed that she would not seek re-election in 2024 but intends to finish out the remainder of her term, meaning she could remain in office until January 2025.

Schumer's office has been contacted for comment via email.

Uncommon Knowledge

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, domestic policy ... Read more

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