Pressure is continuing to mount on Senator Dianne Feinstein with her own party calling on the California Democrat to resign amid conversation that her absence is impacting President Joe Biden's judicial nominees.
Feinstein, 89, has been absent from Washington, D.C. since being hospitalized with shingles in early March. During her absence, Feinstein, a member of the key Senate Judiciary Committee that considers nominations to the federal courts, has missed dozens of Senate votes in Washington, D.C. while she recovers at her San Francisco home.
Of the 58 votes Feinstein has missed while ill, 25 were for judicial nominees and 13 were for executive branch nominees.
There are currently 36 pending judicial nominees, according to the American Constitution Society. Of those, 12 must first be voted on in the Judiciary Committee before receiving a vote in the Senate.
Usually, Democrats hold an 11-10 advantage on the Judiciary Committee. Senate Judiciary Committee Chairman Dick Durbin told CNN on April 10 that Feinstein's absence is impacting the process of confirming judicial nominees because it cannot consider nominees in case there is a 10-10 split, as a "tie vote is a losing vote."
There have been a number of House Democrats who are now calling on Feinstein to resign from office so the work of confirming Biden's judiciary picks can continue without relying on the 89-year-old.
"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 Representative Ro Khanna tweeted on April 12.
Shortly afterward, Representative Dean Phillips of Minnesota tweeted that it is a "dereliction of duty" for Feinstein to remain in the Senate.
On Monday, New York Representative Jamaal Bowman replied "yes" when asked by CNN if Feinstein should resign, with fellow New York Democratic Representative Alexandria Ocasio-Cortez saying that Feinstein resigning is "unfortunately something that I think it is appropriate to consider."
Feinstein issued a statement on April 12 saying that she intends to return to D.C. "as soon as possible" while asking Senate Majority Leader Chuck Schumer to appoint a temporary replacement for her on the Judiciary Committee to allow the Senate to confirm justices.
Newsweek reached out to Feinstein via email for further comment.
Such a move would require no objections from Republican senators If an objection is raised, a roll call vote which would require the support of at least 10 Republicans. Several GOP senators, including those on the Judiciary Committee, said they will not support plans to temporarily replace Feinstein on the panel.
Texas Senator John Cornyn, a Republican member of the Judiciary panel, said he does not think Republicans "can or should help President Biden's most controversial nominees," in Feinstein's absence
"I will not go along with Chuck Schumer's plan to replace Senator Feinstein on the Judiciary Committee and pack the court with activist judges," Tennessee Senator Marsha Blackburn, a member of the Judiciary Panel, tweeted on Monday. "Joe Biden wants the Senate to rubber stamp his unqualified and controversial judges to radically transform America."
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
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
