<p>Senate Republicans blocked a plan by Democrats to quickly replace Sen. <a href="https://www.dailywire.com/topic/dianne-feinstein" target="_blank" rel="noopener">Dianne Feinstein</a> (D-CA) on the Senate Judiciary Committee on Tuesday.</p>
<p>Sen. <a href="https://www.dailywire.com/topic/lindsey-graham" target="_blank" rel="noopener">Lindsey Graham</a> (R-SC) objected when Senate Majority Leader Chuck Schumer (D-NY) sought unanimous consent for a resolution that would allow Ben Cardin, a Democrat who is the senior senator from Maryland, to take Feinstein&#8217;s place.</p>
<p>“She’s a dear friend and we hope for her speedy recovery and return back to the Senate. With all due respect, my colleague, Sen. Schumer, this is about a handful of judges that you can’t get the votes for,” Graham said, <a href="https://www.cnn.com/2023/04/18/politics/schumer-senate-feinstein-vote-cardin/index.html" target="_blank" rel="noopener">per CNN</a>.</p>
<p>As Graham indicated, central to the debate are nominees to federal courts around the country. By mid-February, the Senate confirmed more than 100 judicial appointments, meaning that in two years President Joe Biden was <a href="https://abcnews.go.com/Politics/biden-appointed-105-federal-judges-outpacing-trump-obama/story?id=97200133" target="_blank" rel="noopener">outpacing his immediate predecessors</a>. Any effort to reshape the federal judiciary ran into a roadblock when the judiciary panel, <a href="https://www.judiciary.senate.gov/nominations" target="_blank" rel="noopener">which considers</a> both executive nominations and judicial nominations, when Feinstein became a no-show on Capitol Hill.</p>
<p>If Democrats press the issue, replacing Feinstein on the Judiciary Committee could lead to a vote that would require the support of 60 members in the narrowly-divided Senate. <a href="https://www.politico.com/newsletters/playbook/2023/04/17/no-gop-favors-for-feinstein-00092278" target="_blank" rel="noopener">At least 10 Republicans</a> need to join with Democrats and independents, but already prospects appear grim. Senate Minority Leader Mitch McConnell (R-KY) <a href="https://twitter.com/igorbobic/status/1648335139687084033" target="_blank" rel="noopener">said on Tuesday</a> that GOP senators &#8220;will not take part in sidelining a temporary absent colleague off a committee just so Democrats can force through their very worst nominees.&#8221;</p>
<p>Feinstein announced in <a href="https://www.dailywire.com/news/dianne-feinstein-hospitalized-in-san-francisco" target="_blank" rel="noopener">early March</a> that she had been hospitalized in San Francisco after being diagnosed with a case of shingles. Though Feinstein said she hoped to return to the Senate by the end of the month, that didn&#8217;t happen and some of her fellow Democrats, including <a href="https://www.dailywire.com/news/top-democrat-congressman-calls-for-dianne-feinstein-to-resign-immediately-can-no-longer-fulfill-her-duties" target="_blank" rel="noopener">Rep. Ro Khanna (D-CA),</a> began to crank up the pressure for Feinstein to retire. Instead of giving in, Feinstein asked Schumer last week to <a href="https://www.dailywire.com/news/feinstein-asks-schumer-to-let-another-democrat-take-committee-spot-2nd-democrat-calls-for-resignation" target="_blank" rel="noopener">temporarily replace</a> her on the Judiciary Committee while she continues to recover.</p>
<p>Judiciary Chairman Dick Durbin (D-IL) recently conceded that Feinstein&#8217;s absence is holding up the ability of the panel, which is <a href="https://www.judiciary.senate.gov/about/members" target="_blank" rel="noopener">split 10-10</a> along party lines without her, to advance Biden&#8217;s nominees to federal courts around the nation. &#8220;I can’t consider nominees in these circumstances because a tie vote is a losing vote in committee,&#8221; <a href="https://www.cnn.com/2023/04/10/politics/biden-judges-senate-blue-slips-absences/index.html" target="_blank" rel="noopener">he told CNN</a>.</p>
<p>Also potentially at stake is a possible hearing focused on Supreme Court Justice Clarence Thomas and the revelations of <a href="https://www.nytimes.com/2023/04/13/us/politics/clarence-thomas-harlan-crow-real-estate.html" target="_blank" rel="noopener">previously undisclosed gifts and luxury trips</a> from a <a href="https://www.dailywire.com/news/harlan-crow-hits-back-slams-yellow-journalism-and-political-hit-job-on-his-friend-clarence-thomas" target="_blank" rel="noopener">wealthy conservative donor</a>. An aide to the Democrats told NBC News that the use of a subpoena is &#8220;<a href="https://www.nbcnews.com/politics/congress/democrats-eye-hearing-clarence-thomas-gift-revelations-rcna80241" target="_blank" rel="noopener">out of the question</a>&#8221; without a majority on the committee.</p>
<p>It remains possible that Feinstein does make a return to Washington, D.C. in the near future and there will not be a need for a vote to replace her on the judiciary panel. In speaking with reporters on Tuesday, Schumer said he &#8220;spoke to Sen. Feinstein just a few days ago and she and I are both very hopeful that she will return very soon.&#8221;</p>
<p>Feinstein, the Senate&#8217;s oldest member at the age of 89, <a href="https://www.dailywire.com/news/dianne-feinstein-not-running-for-re-election-in-2024" target="_blank" rel="noopener">announced in February</a> she would not seek re-election in 2024. Three prominent House Democrats — Reps. Adam Schiff, Katie Porter, and <a href="https://www.dailywire.com/news/barbara-lee-announces-bid-for-dianne-feinsteins-senate-seat" target="_blank" rel="noopener">Barbara Lee</a> — have announced campaigns to replace Feinstein in the Senate.</p>

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Senate GOP Blocks Dem Bid To Replace Feinstein On Judiciary