After a months-long absence that sparked an intra-party debate about judicial nominees, sexism and the Democratic agenda, Sen. Dianne Feinstein (D-Calif.) cast her tiebreaking vote for three of President Biden’s stalled judges from her seat in the Senate Judiciary Committee this week — breaking the stalemate that had led some progressives to unsuccessfully call for her resignation.
The 89-year-old senator received a bipartisan standing ovation as she was helped to her seat by an aide, still visibly suffering the lingering effects of the shingles diagnosis that has sidelined her since late February.
Sen. Richard J. Durbin (D-Ill.), the chair of the Judiciary Committee who has complained that her absence hamstrung his committee at a crucial time, expressed his “relief” Thursday that she was back, and Senate Majority Leader Charles E. Schumer (D-N.Y.) crowed from the Senate floor that he expected to “to move forward on many more judges” in the coming days.
Democrats celebrated her return ahead of what could be a crucial debt ceiling vote in the coming weeks, but her office stressed that she is taking her recovery day by day, and will work a “light” schedule as she continues to heal — which was evident as she skipped several votes on her first day back. And it’s still unclear what her presence will mean for the Judiciary Committee’s agenda, as Durbin faces pressure from progressives to use his committee to aggressively investigate alleged ethical lapses by Justice Clarence Thomas.
“I felt better,” Feinstein told reporters when asked why she decided to come back to the Senate now, as she was being pushed in a wheelchair by an aide after the Judiciary votes. Her vision and balance are still affected by the diagnosis, and she appeared to be bothered by the bright light in the hallway.
Feinstein said she was concerned about the state of the debt ceiling negotiations between Congress and Biden, but wanted to read more about it.
“That’s a very big vote. And you’ll see when I vote,” she said. “I just got back a couple of days ago, I want a chance to reconnoiter a bit and read a lot of material.”
Feinstein has withstood multiple rounds of calls for her to resign over the years, as unflattering anecdotes emerged about her memory lapses and her perceived cognitive decline, as well as her visible reliance on aides in public-facing aspects of her job — charges she rebuts. But the furor over her recent absence pushed that debate into overdrive, as Feinstein faced calls to step aside from a handful of members of Congress as well as dozens of progressive organizations from her home state.
Durbin complained that his committee was diminished without her tiebreaking vote, and several committee members gently suggested her absence was not sustainable indefinitely. Democrats could not move legislation, issue subpoenas or advance judges toward confirmation who lacked Republican support.
As the uproar grew, Feinstein offered to give up her seat on the Judiciary Committee temporarily — a proposal Republicans blocked.
Feinstein’s return means Durbin now has more options in his push to convince the Supreme Court to adopt stricter ethical standards for itself in the wake of reports that Thomas received gifts from billionaire GOP donor Harlan Crow that he did not disclose. Durbin has said he would consider a subpoena for Crow if he declines to respond to his committee’s questions this month, and the committee is also considering legislation to force the court to adopt standards.
“It’s a huge deal,” said committee member Sen. Richard Blumenthal (D-Conn) about Feinstein’s return. “It gives us the mandate and majority we need to see documents and witnesses if necessary by subpoena. ... Certainly the next steps in an investigation are now within realistic reach.”
But it’s unclear what Feinstein thinks of more aggressively investigating the court’s ethical lapses, and Durbin said this week he had not spoken to her about the matter yet. The committee’s other Democrats also are not united on its next moves — hoping that Chief Justice John G. Roberts Jr. will act on his own to tighten up the rules.
“The dilemma we have is the more the Court resists, the more it moves into the political realm of the Judiciary Committee, the more divisive it becomes,” said Sen. Peter Welch (D-Vt.). “The goal here is to enhance the credibility of the court that’s in significant disrepute by the public.”
The heat on Feinstein has been heightened by the 2024 Senate race to replace her among Democratic Reps. Adam B. Schiff, Barbara Lee and Katie Porter. One of Lee’s allies, Rep. Ro Khanna (D-Calif.) called on Feinstein to resign, a move that would have prompted Gov. Gavin Newsom (D) to tap a replacement and potentially scramble the race.
But Feinstein’s allies say she never wavered in her desire to get back to the Senate, and was eagerly awaiting her doctor’s advice that it was safe for her to fly. The debt ceiling negotiations loomed over Feinstein’s aides, as well, according to sources close to her staff, providing a deadline for when her vote would likely be crucial in the Capitol.
“I know she cares deeply, she’s been champing at the bit to get back here,” said Sen. Debbie Stabenow (D-Mich.). “And so I’m just glad that her doctor approved it and that she’s here.”
Feinstein’s aides declined The Washington Post’s requests to speak to her doctors or to provide a memo from her doctors detailing her medical condition and what complications of her shingles diagnosis prevented her from traveling.
Gil Duran, a former Senate aide to Feinstein, said the calls for the senior California senator to step down in recent weeks probably “made her even more determined to return to the Senate.”
“This is someone who has gotten to where she has through perseverance, against naysayers and doubters of all kinds,” Duran said. “Her iron will has always been her greatest asset. The question is whether that is cutting against her now that she’s in a pretty challenged state in terms of age and health. But we all know that the moment you start pushing and calling for her to resign, it’s going to have the opposite effect.”
Other Feinstein defenders questioned why Feinstein’s absence received more attention than those of her male colleagues, including Senate Minority Leader Mitch McConnell (R-Ky.), who missed weeks to recover from a fall this spring.
“I’ve never seen them go after a man who was sick in the Senate in that way,” said Rep. Nancy Pelosi (D-Calif.). Feinstein herself was surprised by the response, given how other senators’ absences had been treated, according to one person close to the senator.
This week, some of her detractors signaled they were standing down — for now.
“The three month absence hurt our agenda, Khanna said in a statement about Feinstein’s return, “and time will tell on the future.”
Camila DeChalus contributed to this report.