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Feinstein's continued Senate absence leads to a call
Global Courant 2023-04-13 03:44:41

Weeks after announcing she had shingles, Senator Dianne Feinstein's extended absence from the Senate has left Democrats in a tight spot given the party's slim majority in the chamber, prompting some high-profile calls for her to resign .

Without Feinstein, who is the oldest sitting senator at 89, the confirmation of President Biden's judicial and administrative candidates was complicated.

Late Wednesday, Feinstein's office released a statement acknowledging the delays in the Judiciary Committee and announcing that it had asked Senate Majority Leader Chuck Schumer "to allow another Democratic senator to serve temporarily until I can resume my committee work."

Feinstein, the statement said, planned to return to Washington in March after being diagnosed with shingles. But she has been delayed "because of ongoing complications related to my diagnosis." She did not give more details about her health.

“I plan to return as soon as my medical team advises it is safe for me to travel. In the meantime, I remain committed to work and will continue to work from home in San Francisco,” the statement said.

As calls to oust her mounted from some corners of the Democratic Party, Rep. Ro Khanna (D-Fremont) joins the fray on Wednesday.

"It's time for @SenFeinstein to step down," Khanna tweeted. “We must put country above personal loyalty. Although she has been in public service for a lifetime, it is clear that she can no longer fulfill her duties. By not speaking out, our credibility as elected representatives of the people is undermined.”

Khanna co-chairs the Senate campaign of Rep. Barbara Lee (D-Oakland), who wants to succeed Feinstein at the end of her term and is a possible choice for Governor Gavin Newsom if he fulfills his promise to put a Black woman in the seat as Feinstein early retires. But he could face criticism because such an appointment could be seen as ahead of Lee in the Senate race.

After being briefly hospitalized in San Francisco in February, Feinstein had said she hopes to be back in Washington by the end of March, but she is staying home to recover. Feinstein is working while she recovers, says her spokesperson Adam Russell told the San Francisco Chroniclebut she can't vote without being on the Senate floor or on committee.

In an email to The Times, Russell said there has not yet been an "update on her return" to the Capitol.

Her absence has disrupted the work of the powerful Senate Judiciary Committee, which conducts confirmation hearings for federal judges and submits its recommendations to the full Senate. Without Feinstein, the committee is split evenly with 10 Democrats and 10 Republicans.

Richard J. Durbin, Chairman of the Senate Judiciary Committee told CNN that Feinstein's absence has slowed the panel's push to confirm Biden's nominees.

"I can't consider candidates under these circumstances because a tie vote is a losing vote on the committee," Durbin said.

That of the committee final vote for a nominee was February 16.

In the full Senate, Feinstein was one of two Democrats eliminated due to illness, wiping the party's 51-49 majority on the floor. Senator John Fetterman (D-Pa.) checked into Walter Reed National Military Medical Center in February for treatment for clinical depression, which his chief of staff said had grown more serious as he faced challenges in 2022 to recover from a life-threatening Fetterman was discharged after six weeks of inpatient treatment and is expected to return to the Capitol next week.

The absence of both has forced Vice President Kamala Harris so far this year to cast three deciding votes in her role as Senate President.

The full Senate last confirmed a judicial candidate March 22, though no tiebreaker was needed in the 53–43 vote.

Feinstein has not participated in 58 Senate ballots since Feb. 27. according to the roll call votes of the Senate.

Concerns about Feinstein's missed vote and health have led to renewed calls for her resignation, which have dogged the aging senator in recent years — especially from the Democratic Party's progressive wing.

So said Jon Lovett, former speechwriter for President Obama on his podcast 'Pod Save America' that Feinstein should resign, pointing in part to Durbin's comments about the difficulties the party faces in confirming judicial candidates.

It's sad that Feinstein has shingles and "obviously not her fault," Lovett said, "but because she's not on the Judiciary Committee, Durbin has said it's essentially made it impossible for many of these lower court candidates to go to trial." Senate for a vote, which means Dianne Feinstein, who shouldn't be in the Senate, is now preventing us from confirming judges."

.@jonlovett about Dianne Feinstein:
She is now preventing us from confirming judges... As sad as it is to see someone who has had an incredibly storied and important career... Dianne Feinstein should no longer be serving in the Senate. She should resign. pic.twitter.com/aPPMVUJuq2

— Pod Red America (@PodSaveAmerica) April 11, 2023
He criticized Feinstein's circle, saying that what her people are "doing, allowing, being part of this farce of not having a senator in such an important job is really wrong."

"And Dianne Feinstein should no longer be in the Senate," he said. "She needs to step down, and more people should call for her to step down."

Russell, Feinstein's spokesperson, declined to comment on Durbin and Lovett's comments.

Feinstein has faced growing health challenges in recent years, including questions about whether she could handle the mental rigors of high-profile functions. Feinstein said she plans to serve out her term, which ends in early 2025. She will retire at the end of term, she said.

The Senate has been in recess since March 31 and will return on April 17.

Sarah D. Wire contributed to this report.

Feinstein's continued Senate absence leads to a call
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