Senate Republicans have rejected a resolution seeking to temporarily replace Sen. Dianne Feinstein, D-Calif., on the Judiciary Committee while she is treated for shingles.


What You Need To Know

  • Senate Republicans have rejected a Democratic resolution seeking to temporarily replace Sen. Dianne Feinstein, D-Calif., on the Judiciary Committee while she is treated for shingles

  • Speaking on the Senate floor on Tuesday, McConnell said that his conference "will not take part in sidelining a temporary absent colleague off the committee just so Democrats can force through their very worst nominees"

  • Feinstein, 89, has been out for more than two months as she recovers from the viral infection

  • Her absence is being felt most prominently on the Judiciary Committee because, without her vote, Democrats are unable to advance judiciary nominees

According to the Associated Press, South Carolina Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, objected to a resolution offered by Senate Majority Leader Chuck Schumer that would have allowed another senator to take Feinstein's place on the panel while Feinstein recuperates.

Republicans have argued that Democrats only want a stand-in to push through the most partisan judges, noting that many of Biden’s nominees have bipartisan support and can move to the Senate floor for a vote.

As he objected, Graham said Democrats were trying to “change the numbers on the committee in a way that I think would be harmful to Senate, and to pass out a handful of judges that I think should never be on the bench."

When reached, Feinstein's office told Spectrum News that the senator does not have a comment at this time.

Feinstein, 89, has been out for more than two months as she recovers from the viral infection. She has not cast a vote since Feb. 16 and has missed over 70% of Senate votes in the past four months. 

Without her vote, Democrats are unable to advance judiciary nominees through the Senate Judiciary Committee.

Speaking on the Senate floor on Tuesday, McConnell hailed Feinstein as "a titanic figure" and a "stateswoman" and said that his conference "will not take part in sidelining a temporary absent colleague off the committee just so Democrats can force through their very worst nominees."

"The far-left wants the full Senate to move a senator off a committee so they can ram through a small sliver of their nominees who are especially extreme or especially unqualified," he said. 

Last week, Democratic Reps. Ro Khanna, D-Calif., and Dean Phillips, D-Minn., called for her resignation. Khanna, spurred by a Trump-appointed federal judge’s ruling that would have halted FDA approval of an abortion medication, told Spectrum News that “Democrats must act with speed and urgency to confirm judicial nominees who will protect the right to an abortion.”

Feinstein said she would return to Washington once her doctors determine it is safe for her to do so, but she asked Senate Majority Leader Chuck Schumer, D-N.Y., to temporarily remove her from the Judiciary Committee and name a stand-in member so that judges can continue to be confirmed. 

“[It’s] unusual that one senator is so badly missed on a committee that their presence shapes the actual business of the Senate,” said Matt Dallek, a historian and professor of political management at George Washington University. “It's unusual to have a kind of stasis where a committee’s work is impeded, and there's pressure on the party to appoint a temporary replacement. It's an unusual situation, and that's why it's a little unclear how things are going to shake out.”

Schumer promised that he would bring a resolution to the floor to try and fulfill Feinstein’s wish. 

“She's hopeful she's going to return soon. I am hopeful she is going to return soon. We should have a temporary replacement until she does,” Schumer told reporters Monday, adding that he hadn’t discussed the matter yet with McConnell and that he hoped Republicans would join him in voting for a temporary replacement.

Those hopes, however, were soon dashed.

“This is, it turns out, unprecedented,” Sen. John Cornyn, R-Texas, said in a floor speech Monday. “Over the years, senators from both sides, as I indicated a moment ago, have needed time away due to various health issues. Never — not once — have we allowed temporary substitutes on committees. And now is not the time to start.”

Democrats needed at least 10 Republicans to join them in passing a resolution. However, Sens. Tom Cotton, R-Ark., Joni Ernst, R-Iowa, Chuck Grassley, R-Iowa, Shelley Moore Capito, R-W.Va., Thom Tillis, R-N.C., and Marsha Blackburn R-Tenn., also indicated they would vote no.

According to the American Constitution Society, there are at least 18 judicial nominees waiting for floor votes, 12 waiting to be voted out of committee, and six waiting for hearings.

Despite the complications, some of Feinstein’s colleagues continued to defend her. 

"We believe that a senator should be able to make her own judgments about when they're retiring and when they're not, and they all deserve a chance to get better and come back to work,” Sen. Kirsten Gillibrand, D-N.Y., said Sunday on CNN’s “State of the Union.”

But at least one Democratic senator is admitting this can only continue for so long.

“I think what we need to do is take her at her word. She is recovering from shingles, and make sure she comes back,” said Sen. Amy Klobuchar, D-Minn., Sunday on ABC’s “This Week.” “If this goes on month after month after month, then she’s going to have to make a decision with her family and her friends about what her future holds because this isn't just about California; it's also about the nation.”

Without a timeline for her return, Feinstein has also put California Gov. Gavin Newsom in a tough spot.

Back in 2021, during an appearance on “The Reid Out” on MSNBC, Newsom committed to appointing a Black woman to replace Feinstein if she retired. But with Rep. Barbara Lee, D-Calif., running for the seat in 2024, sources tell Spectrum News the governor would likely try to avoid tipping the scales in any candidate’s favor.

When the Senate returned to Washington on Monday after a two-day recess, it marked the return of McConnell and Pennsylvania Sen. John Fetterman. Both men had been absent for weeks – McConnell for recovery after a head injury and Fetterman for in-patient treatment of depression.