From Philip_Elliott: Liberals calling for the ailing Dianne Feinstein to quit haven't considered what that would mean for one possible, albeit unlikely, scenario: a vacancy on the Supreme Court
Senator Dianne Feinstein attends a Senate Judiciary Committee Hearing at the Hart Senate Office Building on May 11, 2023 in Washington, DCThis article is part of The D.C. Brief, TIME’s politics newsletter. Sign upThe news of ailing Senator Dianne Feinstein’s return to Washington this week crackled through Capitol Hill aides’ messaging apps, journalists’ note-trading clouds, and donors’ inboxes.
Here’s an updated take that will undoubtedly draw some objections: Feinstein holding the seat until the election next year may be the most responsible thing she can do in case of one possible, albeit unlikely, scenario: a vacancy on the Supreme Court. In indulging her stubbornness, her ego, her paranoia—whatever we want to call it—Feinstein may be what stands between aconservative Supreme Court majority tilting to a 7-to-2 position, or the key to it shifting back to 5-4.
The reason why Feinstein holds all this power is tied to her seat on the Senate Judiciary Committee. Democrats have an 11-to-10 advantage over Republicans on the panel, giving them zero margin for error in advancing President Joe Biden’s nominees for lifetime appointments to federal courts, including the Supreme Court. A tied 10-to-10 vote, at least under the current rules, leaves those nominees potentially stuck in limbo.
So one might argue that all that is more reason for Feinstein to resign, and let a younger, healthier Democrat take over her spot on the committee. But that’s not what would be guaranteed to happen. Even if Feinstein were to leave her seat early, allowing California Gov. Gavin Newsom to appoint an interim lawmaker until after the 2024 election, there is nothing ensuring that that successor could be the 11th vote on Judiciary.
and demand a recorded vote. That means 10 Republicans would have to allow Democrats to either send Feinstein’s replacement or another lawmaker into that role. There is scant evidence that Republicans would accede to that request.
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