Pierce: Dems Seem More Concerned About Dianne Feinstein's Feelings Than About Balancing the Courts

[babylonsister]

Democrats Seem More Concerned About Dianne Feinstein's Feelings Than About Balancing the Courts
All of this good will and sunshine is heartwarming, but the federal judiciary is in crisis.
By Charles P. Pierce
Published: Apr 18, 2023

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Right now, Senator Dianne Feinstein is hors de combat because you don't bounce back from illness quickly when you're 89. She will not resign her seat so that a replacement can be named. Because it takes a unanimous consent vote to replace her on the Senate Judiciary Committee with another Democrat, the Republicans are refusing to do so. Consequently, the effort of the current administration to straighten out the Trumpified federal judiciary is stalling out. And, of course, the Democratic majority can't stop doing the tarantella on its own dick. From Politico:

Republicans’ blockade of the resolution to replace Feinstein will effectively make it tougher for Democrats to confirm more judges — which Biden’s party can normally do unilaterally with a 51-49 majority. The judiciary panel’s chair, Dick Durbin (D-Ill.), has repeatedly delayed committee votes on lifetime appointees during Feinstein’s treatment for shingles. Democrats still have some judicial nominees ready for floor votes, but that list will run dry relatively soon without action at the Judiciary Committee. Schumer said he expects Feinstein to return to the Senate soon and that “We think the Republicans should allow a temporary replacement till she returns. I hope the Republicans will join us in making sure this happens, since it is the only right and fair thing to do.”

That last sentence makes me wonder if it isn't Schumer who should get the gold watch. How he still can say that with a straight face makes me wonder if he hasn't gone, as the late, great George V. Higgins put it, soft as church music in the job. The Republicans left "right and fair" further behind than they've left "joining" the Democrats on something as vital as judges. In addition, Richard Durbin, the chair of the Senate Judiciary Committee, seems more concerned about Feinstein's feelings than he is about balancing the courts. (He does reliably "deplore" the decisions that emerge from it, so there's that.) This is also another example that the Senate's "traditions," most of which have their roots in the Senate's almighty opinion of itself, are inadequate to the present situation, depending as they do on good faith bargaining from both sides.

With Feinstein absent — and her timetable to ever return to Washington increasingly uncertain — the committee is evenly split between Democrats and Republicans. That means judicial nominees without bipartisan support cannot come to the Senate floor without laborious procedural votes to shake them loose. Even then, those votes would face a 60-senator threshold.

The stakes are extra-high now: Confirming judges is one of the top Senate Democratic priorities given GOP control of the House. “Tomorrow, this could happen to the Republicans and they could find themselves in a vulnerable position through no fault of their own,” Durbin said Monday. “And I hope that they’ll show a little kindness and caring for their colleagues.”

more...

https://www.esquire.com/news-politics/politics/a43635391/democrats-response-dianne-feinstein-courts-retirement/

[Freethinker65]

1. Has Schumer even been updated on her health?

To say he expects her to soon return but then ask for a temporary replacement be granted is very questionable.
I understand recovering from illness takes time and is unpredictable, but this is getting like Trump's perpetual "in two weeks" nonsense.
When is the last time Feinstein had been seen? Perhaps it would be good to hear from her, and I don't mean a signed letter or scripted Tweet.

And yes, I agree with Durbin that the GOP should expect the same vindictive treatment they have given to the Democrats should in the future one of their committee members fall ill.

[maxsolomon]

2. Schumer and Durbin are making normal Senatorial noises.

Masking what's actually going on in that dysfunctional rat's nest with anodyne statements and appeals to what Pierce accurately identifies as antiquated traditions.

They likely know Feinstein's health status and expected return date; it would be nice if the rest of us had an inkling.

Get your Shingles Vaccine, old people. Don't FAFO.

[Butterflylady]

3. Why didn't she get the Shingles vaccine? That was the question I first thought of.

I need to get it but I can't afford it. She has the best healthcare money can buy so if she was able why didn't she get the vaccine?