GOP blocks Democratic effort to replace Feinstein on Judiciary panel

CNN
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Republicans on Tuesday formally blocked Senate Majority Leader Chuck Schumer's request to temporarily replace Sen. Dianne Feinstein on the Judiciary Committee, something Democrats had hoped to do to advance stalled judicial nominations.

Senate Democrats are seeking to temporarily replace Feinstein on a powerful panel considering judicial nominees as the California Democrat remains absent recovering from shingles.

Senate Republicans, however, have made clear they are willing to block Democratic attempts to replace Feinstein on the committee, increasing pressure on the 89-year-old California Democrat to resign or return quickly.

Feinstein's return date is unclear, and she I asked just last week to be “temporarily” replaced on the committee as he recovers.

Schumer introduced his proposal Tuesday, touting his friendship with Feinstein and highlighting her accomplishments.

“Today, I am acting not only as a leader, but also as a friend to Dianne, honoring her wishes until she returns to the Senate,” Schumer said.

Republican Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, objected to Schumer's request, although he also praised the California Democrat. He argued that Schumer's move is to confirm more judges.

“She is a dear friend of ours, and we hope for her speedy recovery and return to the Senate. With all due respect, my colleague, Senator Schumer, we are talking about a handful of judges that you cannot get votes for,” Graham said.

Democrats could still force a vote to replace Feinstein, but it would require the support of 10 Republicans and it's unlikely they'd waste much valuable time on something with little chance of success.

Feinstein, who has already announced she will not seek re-election, initially said she expected to return to Washington “by the end of the March service period” but her return was “delayed due to ongoing complications related to my diagnosis.”

She recently said she plans to return “as soon as possible, once my medical team says it's safe for me to travel.”

Cardin told CNN on Tuesday that he had discussed the possibility of a temporary replacement on the committee with Schumer, but had not discussed the decision with Feinstein.

The Maryland Democrat said he and Feinstein have not spoken since she left the Senate and that his understanding is that this is only a temporary move until she returns.

“I recognize the importance of numbers in committee and this is how we can conduct business. I see this as a way to deal with the current situation,” Cardin said.

Democrats 60 votes needed to replace Feinstein on the commission, but senior Republicans in leadership and on the committee made clear Monday that they would not give them the votes to do so. If Feinstein doesn't return soon, at least 12 candidates, and possibly more, could be stopped.

If Democrats fail to replace Feinstein, or if she doesn't return to Washington soon, they could see key agenda items derailed – both in committee and in the Senate.

Asked whether the California Democrat should consider resigning if she can't return by May, Schumer said he was “hopeful” she would be back “very soon.”

“Look, I spoke with Senator Feinstein just a few days ago, and she and I are very hopeful that she will be back very soon,” Schumer said at his weekly political news conference at the U.S. Capitol.

Feinstein announced in February that she will not stand for re-election, and a number of Democrats have already begun campaigning to succeed her in 2024 in what will be a competitive primary.

Many Democrats in Congress remain largely supportive of her decision to remain in office while she is away from the Capitol while she recovers from shingles.

But Feinstein faces calls to resign from two House Democrats — and if Democrats fail to replace her on the committee, that number could start to rise.

Senate Judiciary Chairman Dick Durbin recently admitted to CNN that Feinstein's absence has slowed the party's efforts to confirm candidates. But Durbin stopped short of calling for Feinstein to resign, saying he hopes Republicans will help replace her on the committee temporarily and recognize that “it can rain on both sides of the road.”

Asked whether her absence has longer-term implications for Democrats' ability to confirm nominees, the Illinois Democrat said, “Yes, of course it does,” pointing to the lengthy process of nominating candidates for the ballot, taking up precious time.

Republican Sen. John Cornyn, a senior member of the Judiciary Committee and a close adviser to McConnell, told CNN he opposes the effort to replace Feinstein on the panel.

“I don’t think Republicans can or should help President Biden’s most controversial nominees,” the Texas Republican said. “I support bringing Senator Feinstein back as soon as she can. But this attempt to confirm controversial and in many cases largely unqualified candidates, I don't think you can expect any cooperation from Republicans.”

This story has been updated with additional information.