CNN
—
Republicans on Tuesday formally blocked a request from Senate Majority Leader Chuck Schumer to temporarily replace Sen. Dianne Feinstein on the Judiciary Committee, something Democrats hoped to do to advance stalled judicial nominations.
Senate Democrats are seeking to temporarily replace Feinstein on the powerful panel that handles judicial nominees, while the California Democrat remains absent and recovering from shingles.
However, Senate Republicans have made clear they are willing to block Democratic efforts to replace Feinstein on the committee, increasing pressure on the 89-year-old California Democrat to resign or return quickly.
Feinstein's return date is still unclear and she asked last week to be replaced on the committee “temporarily” while she recovers.
Schumer introduced his motion Tuesday by talking about his friendship with Feinstein and highlighting her achievements.
“Today, I serve not only as a leader, but also as a friend to Dianne, honoring her wishes until she returns to the Senate,” Schumer said.
GOP Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, objected to Schumer's request, though he also praised the California Democrat. He argued that Schumer's goal is to get more judges confirmed.
'She is a good friend and we hope for a speedy recovery and a return to the Senate. With all due respect, my colleague, Senator Schumer, this is about a handful of judges you can't get votes for,” Graham said.
Democrats could still force a vote to replace Feinstein, but that would require the support of 10 Republicans, and it's unlikely they would use much precious speaking time for something with little chance of success.
Feinstein, who has already announced she will not seek re-election, initially said she expected to return to Washington “by the end of the March work period” but that her return was “delayed due to ongoing complications related to my diagnosis. ”
She recently said she plans to “return as soon as possible once my medical team advises it is safe for me to travel.”
Cardin told CNN on Tuesday that he had spoken to Schumer as a temporary replacement on the committee, but that he had not discussed the decision with Feinstein.
The Maryland Democrat said he and Feinstein have not spoken since she left the Senate and that he understands this is only a temporary step until she returns.
“I recognize the importance of the numbers in the committee, and this is how we can do business. I look at this as a way to deal with a current situation,” Cardin said.
Democrats would need 60 votes to replace Feinstein on the panel, but senior Republicans in leadership and on the committee made clear Monday that they would not give them the votes to do that. If Feinstein doesn't return soon, at least 12 nominees, or possibly more, could be blocked.
If Democrats cannot replace Feinstein or if she does not return to Washington soon, important agenda items could be thwarted — both in committee and in the Senate.
Asked whether the California Democrat should consider resigning if she cannot return by May, Schumer said he “hopes” she will return “very soon.”
“Look, I spoke to Senator Feinstein a few days ago and she and I are both hopeful that she will come back soon,” Schumer said at his weekly policy press conference at the U.S. Capitol.
Feinstein announced in February that she would not run for re-election, and a number of Democrats have already campaigned for her seat in 2024 in what will be a competitive primary.
Many congressional Democrats have largely stood by her decision to remain in office while she was away from the Capitol as she recovers from shingles.
But Feinstein has faced calls to resign from two House Democrats — and if Democrats can't replace her on the committee, that number could grow.
Senate Judiciary Chairman Dick Durbin recently acknowledged to CNN that Feinstein's absence had slowed the party's push to confirm nominees. But Durbin has not called for Feinstein to resign because he hopes Republicans will help replace her temporarily on the committee and recognize that “the rain can fall on either side of the road.”
Asked whether her absence will have longer implications for Democrats' ability to confirm nominees, the Illinois Democrat said, “Yes, of course,” pointing to the lengthy process of getting nominees on the agenda for a vote during precious speaking time.
Republican Senator John Cornyn, a senior member of the Judiciary Committee and close adviser to McConnell, told CNN he opposes the effort to replace Feinstein on the panel.
“I don't think Republicans can or should help President Biden's most controversial nominees,” the Texas Republican said. “I support Senator Feinstein returning as soon as possible. But in this effort to confirm controversial and in many cases largely unqualified nominees, I don't think you can expect any Republican cooperation.”
This story has been updated with additional information.
