Thursday, April 13, 2023

Last Call For Another Feinstein Mess You've Gotten Us Into

California Sen. Dianne Feinstein is recovering from shingles at home, but she's missed dozens of Senate votes as a result, and with both Feinstein and Pennsylvania Sen. John Fetterman out last month, judicial appointments have ground to a halt. Fetterman is back, but Feinstein won't be anytime soon, and the pressure is on for her resignation.
 
Senator Dianne Feinstein on Wednesday pushed back on calls for her resignation but asked to step away from the Judiciary Committee indefinitely while recovering from shingles, responding to mounting pressure from Democrats who have publicly vented concerns that she is unable to perform her job.

Ms. Feinstein, an 89-year-old California Democrat, has been away from the Senate since February, when she was diagnosed with the infection. Her absence has become a problem for Senate Democrats, limiting their ability to move forward with judicial nominations. In recent days, as it became clear she was not planning to return after a two-week recess, pressure began to increase for Ms. Feinstein to resign.

On Wednesday night, she said she would not do so, but offered a stopgap solution, saying she would request a temporary replacement on the panel.

“I understand that my absence could delay the important work of the Judiciary Committee,” Ms. Feinstein said in a statement on Wednesday night, after two House Democrats publicly called on her to leave the Senate. “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 a statement, a spokesman for Senator Chuck Schumer, Democrat of New York and the majority leader, said that Mr. Schumer would make that request of the Senate next week.

Replacing Ms. Feinstein on the committee would require Democrats to pass a resolution, which would need some degree of bipartisan support — either the unanimous consent of the Senate or 60 votes. It is not clear whether Republicans, who want to hold up President Biden’s judicial nominations, would support such a measure.

Ms. Feinstein has missed 58 Senate votes since February, and Democrats did not want to head into the spring and summer without the ability to move ahead on judicial nominations. Under the Senate’s current rules, a tie vote on a nomination in the committee means it fails and cannot be brought to the floor.

“I’m anxious, because I can’t really have a markup of new judge nominees until she’s there,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the Judiciary Committee, told Politico last month.

There is zero reason for Mitch McConnell to go along with this, and he most likely won't. Delaying federal judicial appointments is what he'll relish doing.

The bigger problem is Feinstein's absence. Replacing herwould be a massive fight for her seat, something Democrats can't really afford right now even with the safest seat in the nation. It would be a lifetime appointment, and everyone knows it.
 
Oh, and nobody batted an eye when Fetterman took needed time off for medical reasons, that's a double standard for sure.

Having said that, another reason why Feinstein's continued absence is a problem: without her, Biden's pick to replace Labor Secretary Marty Walsh, Julie Su, is DOA.
 
President Biden's nomination of Julie Su as Labor secretary is in serious danger, as Sen. Joe Manchin (D-W.Va.) has told the Biden administration he has deep reservations about her, according to people familiar with the situation.

Why it matters: For Biden, the cold, hard math of the divided Senate means that Manchin’s opposition — combined with one other Democratic defection— would scuttle Su’s chances.It would mark the third defeat of a Biden nominee this year, a reflection of how a few Democrats who face tough re-election races in 2024 have resisted being seen as rubber stamps for Biden's picks.
Two previous Biden nominees — Gigi Sohn for an open seat on the Federal Communications Commission, and Phil Washington to lead the Federal Aviation Administration — withdrew after Democrats signaled their opposition.
The 49 Republicans in the 100-seat Senate are expected to uniformly oppose Su. There are concerns among Senate Democrats backing Su that Arizona Sen. Kyrsten Sinema, a Democrat-turned-independent, also will vote no, though she has not said so.

The big picture: With Senate Democrats facing a difficult map in 2024, vulnerable senators such as Manchin, Sinema and Jon Tester (D-Mont.) are looking for ways to create some political space from Biden, whose approval/disapproval rating is an 8 points underwater in national polls, according to a Real Clear Politics polling average.
 
Sinema wouldn't need to vote no to kill the nomination, it would be 50-49 against with Manchin being himself and Feinstein gone.
 
Dems are going to need to figure this out and soon.

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