Top Senate Republicans on Monday signaled widespread opposition within their conference to temporarily replacing Sen. Dianne Feinstein (D-Calif.) on the Senate Judiciary Committee.
Why it matters: Republicans said temporarily replacing a senator on a committee is a virtually unprecedented action – but that if Feinstein resigns, the more routine task of filling her seats would be an easier lift.
- Feinstein’s prolonged absence after being hospitalized for shingles in March has stalled Democrats’ efforts to advance judicial nominees.
- "It hasn't happened before," Sen. Deb Fischer (R-Neb.) said of temporarily swapping a committee seat. "I see the predicament that the Democrats are in, but they need to settle that."
The state of play: More than a half dozen Senate Republicans, including members of leadership, told Axios they would vote against Senate Majority Leader Chuck Schumer's (D-N.Y.) effort to temporarily substitute Feinstein.
- “I don’t think there is any appetite on our side to help what we consider to be controversial or unqualified nominees to get confirmed,” said Sen. John Cornyn (R-Texas).
- Even moderate Sen. Susan Collins (R-Maine) said she opposes the move: “There has been a concerted campaign to force her off the Judiciary Committee, and I think that’s wrong and I won’t be a part of it.”
- The maneuver is subject to the 60-vote filibuster threshold, so Democrats need ten Republican votes.
Zoom out: If Feinstein resigns, that is a “whole different scenario which happens around here with some frequency,” said Sen. John Thune (R-S.D.), the Senate minority whip.
- Thune suggested Democrats are “using this because they want to put pressure on her to resign, and they think this gives them a sort of lever.”
- “I think that would be [more uncontroversial] if there was a vacancy and we were talking about all of Sen. Feinstein’s duties,” said Sen. Thom Tillis (R-N.C.).
- “That would be a different set of circumstances … not on a temporary basis,” said Cornyn.
The other side: Blocking parties' efforts to fill committee seats could set a dangerous precedent, argued Judiciary Committee Chair Dick Durbin (D-Ill.).
- "Tomorrow, this could happen to the Republicans," said Durbin, "They could find themselves in a vulnerable position through no fault of their own."
- Asked if Democrats would consider changes to the filibuster, Durbin told Axios, “I hope it doesn’t reach that." He also said he won't press her to resign: “I’m not going to push her into any other decision.”
- “The Dems are just getting back to vote now, we haven’t had a chance to be in the same room,” said Sen. Tim Kaine (D-Va.), “But I suspect we will be discussing it … I just hope she returns as soon as she can.
What we’re watching: Some aides and senators in both parties insist that there’s a chance negotiations could clear the logjam.
- “We’ll allow the leadership team to negotiate the appropriate path forward,” said Sen. Mike Rounds (R-S.D.).
