Without Feinstein on Senate Judiciary, Biden’s picks for federal judges might be stuck
Sen. Dianne Feinstein’s death at age 90 has another potential consequence for President Joe Biden and Senate Democrats: A delay in confirming federal judges.
Without Feinstein, the California Democrat who shattered glass ceilings for women in politics, the party no longer holds a majority on the Senate or the Judiciary Committee. That means Biden judicial nominees vetted by the panel will require bipartisan support to be considered before the full Senate.
Republicans have signaled that they won’t block Democrats trying fill her committee vacancy, as is procedure after a member dies.
But for now, the committee has 10 Democrats and 10 Republicans. A nominee needs a simple majority to be considered by the full Senate.
Even if a Democrat takes over for Feinstein on the committee, Biden’s picks could struggle in the full Senate with a Democratic vacancy.
With Democrats controlling 50 seats and 49 Republicans, Democrats have no room for absences or defectors to get the simple majority the whole chamber needs to confirm a judge. Vice President Kamala Harris, a Democrat, would break a tie vote.
Feinstein’s absence must be filled by Gov. Gavin Newsom. Her term was set to expire in January 2025.
Previously, GOP opposition to filling her role surfaced this spring when Feinstein was out recovering from shingles. Under pressure, Feinstein offered to temporarily step off of Judiciary. Democrats tried to replace her with Sen. Ben Cardin, D-Md., a veteran lawmaker, regarded as liberal but not far left.
Senate Republican Leader Mitch McConnell, R-Ky., at that time said Republicans would not support replacing her, that Democrats are making good progress in confirming judges and need no further help.
Biden has put more than 180 judges on the federal bench, including Supreme Court Justice Ketanji Brown Jackson.
This story was originally published September 29, 2023 at 1:08 PM.
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