Sen. Dianne Feinstein, D-Calif., is temporarily being replaced on the Judiciary Committee. Still, some of President Joe Biden’s judicial nominations remain in the panel due to strong opposition from crucial Senate Republicans on Monday.
Sen. John Cornyn, R-Texas, a senior committee member and ally of party leaders, stated that he and his colleagues oppose the concept because it would aid Democrats in appointing justices on a party-line basis.
“These are, by definition, the most controversial nominees,” Cornyn spoke with NBC News. “And if Democrats are depending strictly on their own party-line vote to get them out of committee— I don’t think there’s any appetite on our side to help what we consider to be controversial or unqualified nominees to get confirmed.”
If there is a way to get the 10 Senate Republicans necessary to break a filibuster and carry out the exchange, he replied, “I don’t think so.”
Since revealing that she had been admitted to the hospital with shingles, Feinstein, 89, has been missing from the Senate. Feinstein requested in a statement that she be replaced by another Democrat so that the panel could move judges until she could return amid calls for her to vacate her seat.
On Monday, Sen. Thom Tillis, R-North Carolina, a committee member, also spoke out against the Feinstein proposal.
“I will vote against any attempt by Senate Democrats to temporarily replace Sen. Feinstein on the Judiciary Committee. I deeply respect Senator Feinstein, but this is an unprecedented request solely intended to appease those pushing for radical, activist judges,” Tillis tweeted.
Utah senator Mitt Romney also rejected the plan.
“They’d like Republicans to help them speed the appointment of more liberal justices? Yes — when hell freezes over,” he said.
Sen. Susan Collins, a centrist from Maine, stated that she is also opposed to the deal. “She’s been an extraordinary senator. She’s a friend of mine. During the past two years, there has been a concerted campaign to force her off of the Judiciary Committee. And I think that’s wrong, and I won’t be a part of that,” Collins remarked.
Dick Durbin, the chair of the judiciary committee and a Democrat from Illinois, pleaded with Republicans earlier on Monday to be “a little kind and caring” toward Feinstein and approve a temporary committee substitute, warning that they might experience a similar predicament in the future.
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According to Durbin, “She is obviously sensitive to the fact that her absence has an impact on the committee.” “I’m not going to push her into any other decision. I think we can take care of this issue, do it very quickly, and I hope we can find 10 Republicans who will join us in that effort.”
Republicans in the Senate who have recently been more open to working with Democrats include Cornyn, Collins, and Tillis. Their opposition to the plan is a poor omen for Democrats, who will need to defeat at least 10 Republicans to replace Feinstein on the Judiciary Committee while she is absent.
When asked what Democrats would do if Republicans rejected that proposal, Durbin remained nothing. Democrats lack the votes to overturn the filibuster restriction on committee reorganizations.
Sens. Marsha Blackburn of Tennessee, Tom Cotton of Arkansas, Deb Fischer of Nebraska, Shelley Moore Capito of West Virginia, and Joni Ernst of Iowa are among the Republicans who have spoken out against temporarily replacing Feinstein.
“Probably not,” Capito replied. “I think that’s a problem for them and their caucus to figure out the answer to. I don’t think it’s incumbent upon me to figure that out for them.”
When asked if she favored a temporary swap, Ernst responded, “No, I don’t. We’re not going to help the Democrats with that.”
Due to her lack of a return date and admission that her absence is an issue for Democrats, Feinstein is again responsible in light of the GOP’s anticipated rejection of a committee replacement.
Democratic and Republican members of the Judiciary Committee are split 11 to 10, and a tie vote prevents a nominee from moving further.
While Cornyn expressed his hope that Feinstein would return, he added that if she retired and was succeeded by a new senator, Republicans might be more open to permanently changing the composition of committee seats because there is precedent for doing so. With Senate consent, a committee assignment can be immediately modified.
“That would be a different set of circumstances than this,” Cornyn said of reorganizing committees to accommodate new members of the Senate. “But not on a temporary basis.”
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