\n\n“Feinstein, who is 89, is presently on leave from the Senate due to a case of shingles. She\u2019s been away from the Senate since early March, and it\u2019s not yet clear when she\u2019ll be back. In a statement shared last week, Feinstein noted that her return has been delayed due to \u201ccomplications related to my diagnosis.\u201d In the interim, she\u2019s said she\u2019ll work remotely and have another Democrat serve in her stead on the Senate Judiciary Committee.<\/p>\n\n\n\n
That plan, however, hit a major snag on Tuesday as Senate Republicans made clear that they wouldn\u2019t help Democrats add a temporary replacement to the panel.<\/p>\n\n\n\n
In order to fill Feinstein\u2019s Judiciary seat while she\u2019s out, Democrats need to have unanimous consent \u2014 the agreement of all senators \u2014 or, failing that,60 votes in support.With Feinstein out, that means Democrats would need the backing of every Democrat and independent in the Senate, plus at least 10 Republicans.<\/p>\n\n\n\n
Senate Minority Leader Mitch McConnell announced Tuesday that Republicans are not inclined to provide those votes. \u201cSenate Republicans will not take part in sidelining a temporary absent colleague off the committee just so Democrats can force through their very worst nominees,\u201d he said in a floor speech.<\/p>\n\n\n\n
McConnell\u2019s announcement adds to the pressure on Feinstein, given how big of a priority judges are for Democrats this term. With too few votes to overcome the filibuster and a Republican House majority, filling the judiciary with their nominees is one of the few things Democrats could feasibly accomplish. But due to Feinstein\u2019s ongoing absence, Democrats haven\u2019t had the majority they need to continue approving judges on the Judiciary Committee, prompting concerns about a backlog as President Joe Biden tries to counter GOP stacking of the courts.”<\/p>\n\n\n\n