Democrats Can Replace Feinstein on Key Senate Panel If She Resigns: Graham

Sen. Lindsey Graham (R-S.C.) in Washington on Jan. 24, 2023. (Drew Angerer/Getty Images)

Democrats can regain a majority on a key Senate committee if Sen. Dianne Feinstein (D-Calif.) resigns, a top Republican senator said on April 23.

Feinstein has been away from Washington for months because of a bout with shingles. That has left Democrats with the same number of votes on the Senate Judiciary Committee as Republicans, and the GOP rejected an effort to temporarily replace the Californian.

However, if Feinstein, who at 89 is the oldest member of Congress,  steps down, Democrats would be able to replace her, Sen. Lindsey Graham (R-S.C.) said on April 23.

“If she does resign, I would be in the camp of following the precedent of the Senate replacing the person, consistent with what we have done in the past,” Graham, the ranking Republican member of the judiciary panel, said on CNN’s “State of the Union.”

“So, if the precedent shows that you have or that the committee has actually replaced a member who has resigned from the Senate, you would follow that again?” Graham was asked. He said he would.

Graham said he hopes Feinstein instead returns to the Senate, calling her “a wonderful person” and “a very effective senator.” Feinstein has already opted against running for another term, meaning she would leave office in January 2025 at the latest.

Dozens of groups in California penned a letter on April 21 that urged Feinstein to resign.

“For three decades, 39 million Californians counted on you to be our hardworking voice in Washington, day in and day out. We still need a daily voice, now more than ever,” Silicon Valley Courageous Resistance and the other organizations wrote to the senator. ” We respectfully ask you to give one more gift of service to our great state by fully stepping back to allow a new appointee to carry forth and extend your legacy.”

Feinstein has resisted calls to resign so far but hasn’t said when she will return to Washington.

Votes for Biden Nominees

After President Joe Biden nominates candidates for judicial vacancies, the Senate Judiciary Committee considers each one. A simple majority advances a candidate to the full Senate for another vote.

Democrats still have a 50–49 majority in the upper chamber even with Feinstein’s prolonged absence. Even with the absence of another senator, Democratic control of the White House means that Vice President Kamala Harris can break ties in Democrats’ favor.

But Democrats are deadlocked 10–10 with Republicans on the panel, preventing them from quickly advancing all Biden nominees. Regular meetings of the panel had been canceled because of Feinstein’s absence, but the panel convened on April 20 to cast votes.

Graham joined Democrats in voting for multiple nominees, and he was the only Republican to support three. He said before the votes that he was going to do his part “to keep the committee moving forward” in Feinstein’s absence.

“I voted for seven or nine judges yesterday—a couple of days ago,” Graham said on April 21. “I’m very capable of supporting Democratic nominees, but there are four or five that are just out of the mainstream, and they want to replace Dianne Feinstein’s seat for the judges.”

Senate Judiciary Chairman Dick Durbin (D-Ill.) chose not to put several candidates up for a vote, including Charnelle Bjelkengren. During her confirmation hearing for a U.S. district judge position, Bjelkengren was unable to answer when asked what the contents of Article II and Article V of the U.S. Constitution are.