For years, Dianne Feinstein, the oldest sitting U.S. Senator, has been dogged by questions and rumors about her fitness to do the job. But on Wednesday, two lawmakers from her own party took the extraordinary step of calling for the 89-year-old’s resignation, bringing what many say privately into the open for one simple reason: federal judges.
Feinstein sits on the Judiciary Committee, and in a divided government where Democrats control the Senate by just two votes, judicial appointments are one of the only avenues through which the party can exert its power. Since Feinstein has been out sick with shingles—she was hospitalized in early March—her absence has effectively made it impossible for Senate Democrats to confirm President Joe Biden’s nominated judges.
That led two House Democrats—Reps. Ro Khanna of California and Dean Phillips of Minnesota—to ask her to step aside. To quell a larger uproar, Feinstein asked Senate Majority Leader Chuck Schumer to appoint a temporary replacement on the committee until she returns. But getting a substitute won’t be easy. Replacing the California legislator would require the Senate to pass a resolution with at least some measure of bipartisan support, either by unanimous consent or with no fewer than 60 votes. Democrats have a slim 51-49 majority, meaning Republicans determined to slow down Biden’s judicial nominations could block the measure and effectively force Feinstein to remain on the powerful committee.
“It’s a constructive first step,” Khanna tells TIME of Feinstein asking for a replacement. “I know that was in response to the tweet I put out, and I appreciated it. But my understanding is, it’s not so simple, that any Republican Senator can object to that, and it’s going to be hard to actually execute. So that’s why I think the cleanest thing is just to step down. What happens if it doesn’t work…
