Senator Dianne Feinstein (D-CA), still recovering from shingles and other medical complications, is unable to fulfill her role in the Senate Judiciary Committee thereby preventing this committee from forwarding Biden’s court nominees for confirmation. While she insists that she will at some point return, Senate Democrats are looking to temporarily replace her on the Judiciary Committee with another Democrat. According to The Hill, Senate Republicans of all political convictions seem to have rallied behind Senator Tom Cotton’s (R-AR) April 15th statement on Twitter that “Republicans should not assist Democrats in confirming Joe Biden’s most radical nominees to the courts.”
Republicans should not assist Democrats in confirming Joe Biden’s most radical nominees to the courts. https://t.co/Dq7DFfojVi
— Tom Cotton (@SenTomCotton) April 15, 2023
Several Republicans spoke to The Hill listing their reasons why they were adverse to the replacement scheme. Senator John Cornyn (R-TX) said that “I, for one, am not going to help President Biden’s most unqualified nominees to get confirmed. I don’t think you’ll see us help in that effort.” Senator John Kennedy (R-LA) merely commented that he would take Senator Feinstein’s word that she will be back soon.
Thom Tillis (R-NC) tweeted that “I will vote against any attempt by Senate Democrats to temporarily replace Sen. Feinstein on the Judiciary Committee. I deeply respect Senator Feinstein, but this is an unprecedented request solely intended to appease those pushing for radical, activist judges. This is especially concerning as Senate Democrats seek to end the bipartisan blue slip process [where senators, who are from the same state as the judicial nominee, can give a statement about the judge via a blue slip that details their opinion] so they can bypass advice and consent with home state senators and ram through left-wing judges.”
I will vote against any attempt by Senate Democrats to temporarily replace Sen. Feinstein on the Judiciary Committee. I deeply respect Senator Feinstein, but this is an unprecedented request solely intended to appease those pushing for radical, activist judges. This is especially…
— Senator Thom Tillis (@SenThomTillis) April 17, 2023
Senator Marsha Blackburn (R-TN) voiced her objection to the scheme on Twitter. She wrote in a Twitter thread that “I will not go along with Chuck Schumer’s [D-NY] plan to replace Senator Feinstein on the Judiciary Committee and pack the court with activist judges. Joe Biden wants the Senate to rubber stamp his unqualified and controversial judges to radically transform America. Senate Democrats are also attempting to upend precedent and Senate custom by abolishing home-state Senators’ right to object to Biden’s activist liberal judges. We must stand up and protect the Senate’s constitutional role to provide advice and consent on judicial nominees.”
Senate Democrats are also attempting to upend precedent and Senate custom by abolishing home-state Senators’ right to object to Biden’s activist liberal judges. We must stand up and protect the Senate’s constitutional role to provide advice and consent on judicial nominees.
— Sen. Marsha Blackburn (@MarshaBlackburn) April 17, 2023
The Hill also revealed that senators who were seen as more moderate Republicans like Susan Collins (R-ME) and Lisa Murkowski (R-AK) also voiced opposition to Schumer’s scheme. Senator Collins expressed that her thoughts when she said “Sen. Feinstein has been an extraordinary senator and she’s a good friend of mine. During the last two years, there’s been a concerted campaign to force her off the judiciary committee, and I will have no part of that.”
That Republicans of all political stripes are coming out against Schumer’s proposal of obtaining unanimous consent to temporarily replace the aged Californian senator seems to have torpedoed the idea. Schumer may press for her replacement anyways and for a full Senate vote on the matter but he would need 60 votes to break a filibuster to make that change. As Democrats control, in Senator Feinstein’s absence, 50 seats in the Senate, they would need 10 Republicans to cross over to break the deadlock. Given the GOP’s response so far, this too is unlikely.
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