CNN
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Republicans on Tuesday formally blocked a request by Senate Majority Leader Chuck Schumer to temporarily replace Sen. Dianne Feinstein on the Judiciary Committee, something Democrats had hoped would help advance stalled judicial nominations.
Senate Democrats are seeking to temporarily replace Feinstein on the powerful panel that handles judicial nominations while the California Democrat remains absent, recovering from shingles.
Republican senators, however, have made clear they are prepared to block Democratic efforts to replace Feinstein on the committee, increasing pressure on the 89-year-old California Democrat to resign or return quickly.
Feinstein’s return date remains unclear, and she asked last week to be “temporarily” replaced on the committee while she recovers.
Schumer introduced his motion Tuesday, speaking about 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, opposed Schumer’s request, though he also praised the California Democrat. He argued that Schumer’s move was aimed at getting more judges confirmed.
“She’s a dear friend and we hope she recovers quickly and returns to the Senate. With all due respect, my colleague Senator Schumer, these are a handful of judges that you can’t get votes for,” Graham said.
Democrats could still force a vote to replace Feinstein, but that would require the support of 10 Republicans and they are unlikely to waste much valuable floor time on something that has little chance of success.
Feinstein, who has already announced she is not seeking reelection, had initially said she expected to return to Washington “by the end of the March shift,” but that her return had been “delayed due to ongoing complications related to my diagnosis.”
She recently said she plans to return “as soon as possible, once my medical team confirms that it is safe for me to travel.”
Cardin told CNN on Tuesday that he had spoken with Schumer about temporarily replacing him on the committee, 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 he understands it is only a temporary measure until she returns.
“I recognize the importance of the number of members on the committee, because it allows us to carry out our work. I see this as a way of dealing with the current situation,” said Mr. Cardin.
Democrats would need 60 votes to replace Feinstein on the committee, but senior Republicans in the party leadership and on the committee made clear Monday that they would not give them the votes needed to do so. If Feinstein is not returned soon, at least 12 nominations, if not more, could be blocked.
If Democrats fail to replace Feinstein or if she does not return to Washington soon, they could see key agenda items thwarted — both on the committee and in the Senate.
Asked whether the California Democrat should consider resigning if she cannot return by May, Schumer said he was “hopeful” she would return “very soon.”
“Look, I spoke to Senator Feinstein just a few days ago and she and I are both very hopeful that she will be back very soon,” Schumer said during his weekly news conference at the U.S. Capitol.
Feinstein announced in February that she would not seek reelection, and a number of Democrats have already launched campaigns for her seat in 2024 in what is shaping up to be a competitive primary.
Many congressional Democrats broadly supported her decision to remain in office while she was away from the Capitol while recovering from shingles.
But Feinstein has faced calls for her resignation from two House Democrats — and if Democrats are unable to replace her on the committee, that number could start to grow.
Senate Judiciary Committee Chairman Dick Durbin recently acknowledged on CNN that Feinstein’s absence had slowed the party’s efforts to confirm nominations. But Durbin stopped short of calling for Feinstein to resign, saying he hoped Republicans would help temporarily replace her on the committee and recognize that “rain can come on both sides of the road.”
Asked whether her absence had longer-term implications for Democrats’ ability to confirm nominees, the Illinois Democrat said, “Yes, of course it does,” noting the lengthy process of scheduling candidates for votes during valuable floor time.
Republican Sen. John Cornyn, a senior member of the Judiciary Committee and a close adviser to McConnell, told CNN he opposed the attempt 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 having Sen. Feinstein back as soon as she can. But this effort to confirm controversial and in many cases largely incompetent nominees, I don’t think you can expect any Republican cooperation.”
This story has been updated with additional information.
