GOP senators say they’ll reject Democrats’ plan to replace Feinstein on judiciary committee

Senate Republicans say they will block Democrats’ attempts to temporarily replace Sen. Dianne Feinstein on the Judiciary Committee amid a prolonged medical absence, dealing a blow to President Biden’s judicial nominations.

Sen. John Cornyn of Texas, a member of GOP leadership and the judiciary panel, said Republicans will withhold the support needed for Senate Majority Leader Charles E. Schumer to temporarily appoint another Democrat to the panel. 

“I know the entire Senate joins me in wishing her a quick recovery and a speedy return. But given the tight margins in this chamber, her absence has created some complications for Sen. Schumer within the Senate Judiciary Committee, on which I serve,” Mr. Cornyn said. “Republicans are not going to break the precedent in order to bail out Sen. Schumer or the Biden administration’s most controversial nominees.”

Without Ms. Feinstein, the Judiciary Committee is deadlocked with 10 Republicans and 10 Democrats, leaving in limbo several of Mr. Biden’s appointees to the federal bench who do not have GOP support. About 10 nominees have bipartisan support and four have no GOP support, according to Republican leadership aides.

Democratic leaders have not responded to questions as to why they have not voted on the nominees who can advance without a clear Democratic majority. 

Pressure is growing on Ms. Feinstein to retire. 

The California Democrat is not seeking reelection next year but planned to serve out her term. She has been absent for weeks following a shingles diagnosis in February that required hospitalization. Last week, Ms. Feinstein in a statement said she asked Mr. Schumer to sub in another Democrat on the committee until she has recovered enough to return to the Capitol. 

Ms. Feinstein has not indicated when she plans to return. 

At 89 years old, Ms. Feinstein has held the seat for more than 30 years. But questions have mounted in recent years over her cognitive health. 

Temporarily replacing her on the Judiciary Committee would require unanimous consent of the entire Senate or, in a floor vote, the support of 10 Republicans.

“The idea is to remove her from the committee for an unspecified period of time, name a replacement and then reinstate Sen. Feinstein when she returns. This is — it turns out — unprecedented,” Mr. Cornyn said. “Over the years, senators from both sides … have needed time away due to various health issues. Never — not once — have we allowed temporary substitutes on committees, and now is not the time to start.”

Other Republican members of the Senate Judiciary Committee, including Sens. Marsha Blackburn of Tennessee, Thom Tillis of North Carolina and Tom Cotton of Arkansas, said they won’t approve a replacement. 

Ms. Blackburn suggested it was a scheme by Mr. Schumer to “pack the court with activist judges.”

“Joe Biden wants the Senate to rubber stamp his unqualified and controversial judges to radically transform America,” she wrote in a tweet.

Mr. Schumer told reporters Monday that he spoke with Ms. Feinstein within the past few days and that she plans to “return soon.”

“I am hopeful she’s going to return soon,” the New York Democrat said. “We should have a temporary replacement until she does. I hope the Republicans will join us in making sure this happens. It’s the only right and fair thing to do.”