Republicans block attempt to replace Feinstein on Judiciary

Sen. Lindsey Graham (R-SC) objected to Senate Majority Leader Chuck Schumer’s request on Tuesday to temporarily replace ailing Sen. Dianne Feinstein (D-Calif.) on the Senate Judiciary Committee with Sen. Ben Cardin (D-Md.).

Graham, the top Republican on the Judiciary Committee, accused Democrats of trying to “change the numbers on the committee in a way that I think would be harmful to the Senate, and to pass out a handful of judges that I think should never be on the bench.”

“With all due respect to Sen. Feinstein, I object,” he added. 

Reshuffling the composition on the panel, even temporarily, requires unanimous consent from all senators, meaning only one Republican needed to object Tuesday to block the resolution.

Senate Minority Leader Mitch McConnell said Tuesday his party will oppose any attempt by Democrats to temporarily replace Feinstein on the Judiciary Committee — calling the gambit a bid by President Biden’s party to “force through their very worst nominees.”

“The supposed emergency is that Senate Democrats are unable to push through the small fraction of their nominees who are so extreme, so extreme and so unqualified, that they cannot win a single Republican vote in committee,” the 81-year-old McConnell (R-Ky.) said on the Senate floor.

“So far this Congress, the committee has reported out more than 50 nominees, more than half on a bipartisan basis,” he added.

“The administration does not face any obstacle to moving nominees who are remotely qualified for the job. People who are mainstream and qualified have a path forward.”

Feinstein (D-Calif.) was diagnosed with shingles in February and was briefly hospitalized for the infection in early March before returning to her California home, where she has been ever since.

“When I was first diagnosed with shingles, I expected to return by the end of the March work period. Unfortunately, my return to Washington has been delayed due to continued complications related to my diagnosis,” the 89-year-old Feinstein said in an April 12 statement in response to calls by her fellow Democrats to resign her seat.

“I understand that my absence could delay the important work of the Judiciary Committee, so I’ve asked [Senate Minority] Leader [Chuck] Schumer to ask the Senate to allow another Democratic senator to temporarily serve until I’m able to resume my committee work,” she added.

But opposition from McConnell and other Republicans to temporarily replacing Feinstein means Schumer (D-NY) would need at least 60 votes to force the temporary switch.

In Feinstein’s absence, the Senate Judiciary Committee has 10 Democrats and 10 Republicans, meaning at least one GOP vote is needed to favorably report nominees to the full Senate. The full chamber had for weeks been deadlocked with 49 Democrats and 49 Republicans due to the absences of Feinstein and Sen. John Fetterman (D-Pa.), who returned to Capitol Hill for the first time in two months Monday night.

The committee stalemate has stalled confirmation votes for several Biden nominees, concerning Chairman Dick Durbin (D-Ill.).

“I’m anxious because I can’t really have a mark-up of new judge nominees until she’s there,” the 78-year-old senator told reporters last month.

McConnell himself also returned to the Senate Monday after he recovered from a fall last month that left him with a concussion and fractured rib.

He expressed admiration for his longtime Senate colleague in his remarks, calling Feinstein “a titanic figure and wishing “her the very best for a speedy recovery.”