Sen. Dianne Feinstein’s death at 90 creates a vacancy on the powerful Judiciary Committee. Democrats could need 60 votes to replace her, leaving controversial judicial nominees in limbo until then.
Senate Republicans are signaling they won’t try and block Feinstein’s committee seats from being filled. Back in April, Republicans blocked Democrats from appointing a temporary replacement for Feinstein as she was ailing with shingles and unable to return to Washington for months.
“Under the circumstances, it’s kind of follow whatever the precedent is,” Senate Minority Whip John Thune (R-S.D.) said Friday.
Typically when a seat is vacant there is no fight about allowing vacant committee seats to be filled. Committee appointments are often done by unanimous consent.
Rules of replacement: If any Republicans were to object to a UC request, Democrats would need 60 votes to appoint a senator to fill Feinstein’s role on the Judiciary panel, meaning at least 10 Republicans would need to vote in favor of filling Democrats’ majority on the panel, assuming they move to do so before someone is appointed to the California Senate seat.
Senators are typically assigned to committees by unanimous consent, but such orders are subject to debate and can be filibustered. Republican senators could slow, or stop, Democrats from filling the Judiciary roster.
The panel, under Democratic control, has been advancing scores of judicial nominations that Republicans object to. Leaving the panel short one Democratic vote would hamper the majority’s steady confirmation of President Joe Biden’s nominees.
In April, Majority Leader Chuck Schumer had chosen Maryland Democrat Ben Cardin, who has since announced his plans to retire at the end of this Congress and has been named Senate Foreign Relations chair. It’s unclear if Schumer would still pursue that resolution.
Feinstein’s death also leaves vacancies on the Senate Intelligence, Appropriations and Rules committees.
Burgess Everett contributed to this report.
