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A spokesperson for Majority Chief Chuck Schumer rapidly issued a statement saying, “Per Sen. Feinstein’s needs, Majority Chief Schumer will ask the Senate subsequent week to permit one other Democratic Senator to quickly serve on the Judiciary Committee.”
Feinstein has been absent since early March, when a case of shingles landed her within the hospital. She introduced earlier this yr that she plans to retire after her present time period (which ends subsequent yr), however reiterated Wednesday that she intends to finish this time period. She’s missed each vote since Feb. 16 and her absence has meant the Judiciary Committee is caught on quite a few nominees, successfully deadlocked with 10 Democrats and 10 Republicans current. It wants a majority current and voting to ship nominees to the ground for full votes. There are at present 14 nominees who’ve had hearings and at the moment are awaiting a vote.
Changing Feinstein, even quickly, may be simpler mentioned than completed. Altering committee assignments requires the settlement of Republicans. Schumer will possible transfer to take action by way of unanimous approval from the Senate once they return subsequent week, and a Republican will nearly actually oppose that. That may imply getting 60 votes to seat Feinstein’s substitute. In different phrases: breaking a Republican filibuster.
Discovering 10 Republicans keen to try this may very well be an issue, relying on how keen and united they’re in being obstructionist assholes. This additionally brings into query Minority Chief Mitch McConnell’s standing. He’s been absent since a severe fall in early March that required each a hospitalization and a stint in a rehab facility. There have been no stories of when he’s more likely to return, one thing the Washington press corps hasn’t been following with bated breath.
Assuming, nevertheless, that Republicans do their factor and block the substitute, issues get difficult. Schumer—or one other Democrat—must make a movement to interrupt the filibuster and transfer {that a} easy majority of 51 votes might change the make-up of committees on a short lived foundation. In different phrases: a mini-nuclear choice. Schumer would wish the vehemently anti-filibuster reform senators Joe Manchin and Kyrsten Sinema on board. It doesn’t look like it might be an enormous ask to get them to interrupt Republican obstruction so this essential committee might get work completed—however then once more, it’s Manchin and Sinema we’re speaking about.
There’s nonetheless a bigger drawback: that when nominees get to the ground, Feinstein presumably isn’t there to assist verify them as a result of as of now, there’s no indication of when she is going to be capable of return. She will do different work at home, however she will be able to’t solid votes.
The Senate Democrats’ slim 51-seat majority is already challenged as a result of two of these votes belong to Manchin and Sinema. Throughout Feinstein’s absence, Democrats have wanted Vice President Kamala Harris’ vote to interrupt a number of ties on Biden nominees throughout flooring votes. Feinstein’s willingness to step away from the committee, even when solely quickly, is essential. However it may not be sufficient.
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