Democratic Sen. Dianne Feinstein’s death on Thursday evening at the age of 90 has led to speculation about political consequences.
The late California senator occupied a crucial seat on the Senate Judiciary Committee.
Thus, with her passing, some commentators have wondered about President Joe Biden’s ability to get judges confirmed.
Friday on X, the social media platform formerly known as Twitter, a worried social media user named Zach Fisch opined that Republicans could play hardball. In fact, he predicted that the GOP would prevent Democrats from replacing Feinstein on the Judiciary Committee.
“Feinstein was the tie-breaking vote on the Judiciary Committee, which approves judicial nominees. The GOP will likely refuse to seat her replacement on the committee. Pres. Biden’s ability to confirm federal judges will be severely curtailed. An RBG-level disaster,” Fisch tweeted.
Feinstein was the tie-breaking vote on the Judiciary Committee, which approves judicial nominees. The GOP will likely refuse to seat her replacement on the committee.
Pres. Biden’s ability to confirm federal judges will be severely curtailed. An RBG-level disaster. https://t.co/s4GQ2LBNJY
— Zach Fisch (@ZachFisch) September 29, 2023
Judging by past comments, Fisch would have no sympathy with such a move by Senate Republicans.
Random tweets by anxious liberals do not in themselves constitute fodder for commentary. In this case, however, Fisch seemed to know something even Senate Republicans did not.
On Friday, Insider reported that some Senate Republicans assumed that a Democrat would replace Feinstein on the Judiciary Committee.
“Democrats have a majority in the Senate. They won the election, so they are entitled to a majority on all the committees,” Republican Sen. Josh Hawley of Missouri said.
Still, each of the Senate’s 49 Republicans has the power at least to delay changes in committee memberships. A single Republican objection would force a vote of the full chamber.
In that event, another 40 senators would have to vote against beginning debate on the motion. Then, the Judiciary Committee would remain deadlocked between 10 Democrats and 10 Republicans.
“I don’t think anyone’s going to do that,” Republican Sen. Marco Rubio of Florida said. “Some Democrat’s gonna fill that spot.”
Republican Sen. Ted Cruz of Texas agreed.
“I assume it will be handled the same way it has traditionally been handled,” Cruz said.
Other Republicans sounded more noncommittal, using words like “probably” or saying that they had not thought about the matter.
Cruz and Hawley serve on the Judiciary Committee.
In short, if Republicans plan to prevent a Democrat from replacing Feinstein on the committee, they have not said so.
We can interpret this in several ways.
One, Feinstein passed away little more than a day ago. At a minimum, Republicans regard it as bad form to begin talking about how they might capitalize politically.
This interpretation leaves room for the possibility that, in time, they might use their leverage.
Two, Republicans have no intention of playing hardball, even if it would derail Biden’s judges.
Time will tell, of course, but we should bet on the second interpretation proving true.
After all, the Senate by its very nature encourages an abiding respect for institutional precedents. The Founders designed it that way. They had gravitas in mind. We cannot quarrel with such conservatism.
That would be the charitable way of looking at it.
In the meantime, we have more cynical reasons for expecting Senate Republicans to do nothing.
For one thing, every large institution promotes a go-along-to-get-along mentality.
In places like the U.S. Senate, this results in a kind of nauseating collegiality at public expense. Do not what your constituents would want; do what your office neighbors and lunch buddies will approve.
Then, we have the problem of the Senate’s composition.
Democratic Sen. Dick Durbin of Illinois chairs the Judiciary Committee. Republican Sen. Lindsey Graham of South Carolina serves as the ranking member. Durbin and Graham have spent a combined 46 years in the Senate.
In other words, swamp creatures lurk everywhere.
Democrats and Republicans might tussle around the edges, but they cannot wait to send money to Ukraine. They will do the business of the swamp.
And that business means status quo.
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