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Nevilledog

(54,636 posts)
Tue Apr 18, 2023, 06:07 PM Apr 2023

Democrats Seem More Concerned About Dianne Feinstein's Feelings Than About Balancing the Courts

Charles Pierce weighs in...


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

No paywall


In November of 1970, Pope Paul VI, not known for raising hell on subjects other than birth control, nevertheless raised some hell by issuing a document with the formidable Latin title, Ingravescentem aetatem (Advancing Age). In it, the pope revised the rules by which his successors would be elected. He took the vote away from any member of the College of Cardinals who was over the age of 80. That was a lot of them, as it turned out, and many of them were quite influential; one of them accused the pope of "contempt of tradition that is centuries old." By the second conclave of 1978, the one that elected John Paul II, 66 cardinals had aged out. Paul VI's restrictions had prevailed. In light of this, it is quite remarkable to discover that compared to the Roman Catholic Church, the United States Senate is in many ways behind the times.

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.”


*snip*


29 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Democrats Seem More Concerned About Dianne Feinstein's Feelings Than About Balancing the Courts (Original Post) Nevilledog Apr 2023 OP
Charles Pierce can kiss my ass, RandySF Apr 2023 #1
We need to face the fact that we have quite a few elderly senators. Irish_Dem Apr 2023 #2
This message was self-deleted by its author Marcus IM Apr 2023 #3
Are you saying supporting Democratic priorities is less valid than supporting a Democratic Senator? Nevilledog Apr 2023 #6
No. I am asking a question about what factors are used in alerts and juries. Marcus IM Apr 2023 #8
Gotcha! Nevilledog Apr 2023 #14
Beware of sensitive toes in the "random" jury system MarcA Apr 2023 #27
Good Question! MOMFUDSKI Apr 2023 #12
Odd definition of "bashing" Effete Snob Apr 2023 #7
That's exactly what I thought when I have had posts removed for bashing. Marcus IM Apr 2023 #9
The post is actually more in line with SUPPORTING Democrats f_townsend Apr 2023 #10
He's right. Dem refusal to play hardball is why we have so many right wing idealogues on our courts. LonePirate Apr 2023 #4
REALLY THIS 👆🏻👆🏻👆🏻👆🏻 LenaBaby61 Apr 2023 #5
+2 Celerity Apr 2023 #25
How many of Biden's nominations would Feinstein support. n/t MarcA Apr 2023 #28
All of them. Judges don't receive votes if they are going to fail. LonePirate Apr 2023 #29
Even if Feinstein resigns and new Senator named... Wishful-Thinking Apr 2023 #11
Why? She's in the Senate iemanja Apr 2023 #17
Committee appointments are approved by the whole Senate. tritsofme Apr 2023 #22
Yes, Feinstein's replacement wouldn't get her Committee Phoenix61 Apr 2023 #24
What's worse than not making the case for Feinstein to resign Tom Rinaldo Apr 2023 #13
We don't even know IF she can make the decision. Nevilledog Apr 2023 #15
Laughable hogwash FBaggins Apr 2023 #16
I don't agree that protecting a Senator who is physically unable to do her job iemanja Apr 2023 #18
It's almost as if they're being paid to lose. NotVeryImportant Apr 2023 #19
They're supposed to do what's best for the country. Karadeniz Apr 2023 #20
It's A Tough One, And One That Many Of Us Will Deal With In Our Own Lives... Pausan Apr 2023 #21
The regular pattern whenever a colleague has troubles is to publicly express Hortensis Apr 2023 #23
Feinstein deserves the opportunity to make a full recovery before being jostled out of office. MrsCoffee Apr 2023 #26

Irish_Dem

(76,579 posts)
2. We need to face the fact that we have quite a few elderly senators.
Tue Apr 18, 2023, 06:10 PM
Apr 2023

Aging and health will become more and more an issue.

There must be some transparency.

The rumors inside the beltway are that McConnell is quite ill as well.

Everything covered up as per usual in Washington DC.

Response to Nevilledog (Original post)

Nevilledog

(54,636 posts)
6. Are you saying supporting Democratic priorities is less valid than supporting a Democratic Senator?
Tue Apr 18, 2023, 06:14 PM
Apr 2023
 

Marcus IM

(3,001 posts)
8. No. I am asking a question about what factors are used in alerts and juries.
Tue Apr 18, 2023, 06:19 PM
Apr 2023

'Tis all.

As I mentioned, I enjoy a hearty debate and discussion. The seeming inconsistencies of the alert/jury system has me questioning if I should post an article like the one you posted. I read this Charles Pierce piece earlier, but decided not to post it because I didn't want to get another post removed - for bashing Dems.



 

MOMFUDSKI

(7,080 posts)
12. Good Question!
Tue Apr 18, 2023, 06:28 PM
Apr 2023

I agree with you, Nev, and the poster on this issue. Flame away if you must.

 

Marcus IM

(3,001 posts)
9. That's exactly what I thought when I have had posts removed for bashing.
Tue Apr 18, 2023, 06:20 PM
Apr 2023

IMO they were clearly not bashing, like the Charles Pierce piece in the OP.

 

f_townsend

(260 posts)
10. The post is actually more in line with SUPPORTING Democrats
Tue Apr 18, 2023, 06:23 PM
Apr 2023

The vast majority of us don't want the party to continue losing.

LonePirate

(14,256 posts)
4. He's right. Dem refusal to play hardball is why we have so many right wing idealogues on our courts.
Tue Apr 18, 2023, 06:11 PM
Apr 2023

Wishful-Thinking

(109 posts)
11. Even if Feinstein resigns and new Senator named...
Tue Apr 18, 2023, 06:27 PM
Apr 2023

Do the republicans have to approve a replacement assignment to judiciary? Or could they hold up seating a replacement? If a replacement comes in who is appointed by Newsom, they would still be junior and Judiciary is a plum assignment.

Anyone out there know about this?

iemanja

(56,985 posts)
17. Why? She's in the Senate
Tue Apr 18, 2023, 07:07 PM
Apr 2023

Democrats control the Senate. Republicans have no say in Democratic committee appointments.

tritsofme

(19,615 posts)
22. Committee appointments are approved by the whole Senate.
Tue Apr 18, 2023, 09:25 PM
Apr 2023

Any senator could object to unanimous consent and force a 60 vote test.

Phoenix61

(18,596 posts)
24. Yes, Feinstein's replacement wouldn't get her Committee
Wed Apr 19, 2023, 04:52 AM
Apr 2023

assignments. What the R’s are saying is there has never, ever in the history of the Senate been a temporary replacement on the judiciary committee and they aren’t going to allow one now. There is a process for seating a new member due to a Senator being unable to complete their term.

Tom Rinaldo

(23,172 posts)
13. What's worse than not making the case for Feinstein to resign
Tue Apr 18, 2023, 06:34 PM
Apr 2023

...is making a strong case for her to resign and then having her ignore those calls. Probably it would best for those Democrats who know Feinstein personally and believe she should resign, that they attempt to influence her privately.

I recall that she really resisted being pinned down to a decision not to seek reelection, I think her own staff ultimately issued a statement on her behalf saying she would not run again, and she did not seem to know they had done so and was still claiming that she had not decided.

Nevilledog

(54,636 posts)
15. We don't even know IF she can make the decision.
Tue Apr 18, 2023, 06:39 PM
Apr 2023

I fervently hope she's able to make a decision, but we're out of the loop as to her current mental status. Ignoring what might be an issue is not being mean, it's the reality of the situation.

FBaggins

(28,506 posts)
16. Laughable hogwash
Tue Apr 18, 2023, 07:02 PM
Apr 2023

First - You don't have to care about someone's feelings at all to say that they are elected and get to decide for themselves when to retire unless or until they lose an election. You certainly don't have to weigh whether you care more about them than about something else.

Second - "Caring" about balancing the courts doesn't accomplish anything. It certainly doesn't balance the courts. "Balancing the courts" involves replacing sitting republican judges with democratic ones... and there just aren't that many retiring when they think two years from now will yield better results and most of those ready to retire got out of the way while TFG could replace them.

iemanja

(56,985 posts)
18. I don't agree that protecting a Senator who is physically unable to do her job
Tue Apr 18, 2023, 07:08 PM
Apr 2023

Is more important than Democratic judge appointments.

 

Pausan

(11 posts)
21. It's A Tough One, And One That Many Of Us Will Deal With In Our Own Lives...
Tue Apr 18, 2023, 09:06 PM
Apr 2023

I can only speak from my experience with my own mother.

About 10+ years ago in her late 70s/early 80's she got lost driving herself to her hair appointment. An appointment in her neighborhood where she had driven herself before many times.

She informed my sisters and I that she was going to give up her drivers license and stop driving. She thought she was becoming dangerous.

We chalked it up to old age and the onset of dementia. Little did we know that she was on the path to 7th Stage Alzheimer's disease.

We drove her where she needed to go, and thought that the driving issue was behind us.

Several years later, she wanted to go to a place that no longer existed. We told her what was going on, and it made her frustrated and angry. She denied what we were telling her, and informed us that we could piss-off and she would just drive herself there no matter what we thought. She couldn't find her keys... we had taken them for keeps.

When we told her that SHE had told us not to let her drive anymore, she accused us of lying. When we told her that she did not have a valid driver's license or insurance, and that if she got pulled over she might be arrested, she broke down crying.

In our family's experience, there was a point where she realized her limitations and wanted the best for everyone concerned.

And then there came a point where she didn't anymore.

It's heart-breaking to witness, and I don't wish it on anyone.

But there comes a time where reality smacks you right in the face.

Peace

Hortensis

(58,785 posts)
23. The regular pattern whenever a colleague has troubles is to publicly express
Tue Apr 18, 2023, 10:05 PM
Apr 2023

support, whether it's concerned wishes and confidence for illness, shocked loyal belief that the charges will be shown to not be true, brief noncommittal statement that people avoid forming an opinion while awaiting results of investigation, etc.

Pro forma whether entirely sincere or not at all, same as they would be for any group of people well versed in a code of expected behavior. The next stage of comments, regrets, recommendations, congratulations follows when appropriate. They know when that is.

In this case, of course concern and good wishes are entirely sincere. They know more than we do about her condition, but that's her business and not for them to discuss with the public unless agreed to, not while the first stages play out.

Meanwhile, behind the scenes,... Depends.

MrsCoffee

(5,825 posts)
26. Feinstein deserves the opportunity to make a full recovery before being jostled out of office.
Wed Apr 19, 2023, 06:31 AM
Apr 2023

The same opportunity given to other Democrats. Fetterman missed 53 of 64 votes in February and March. He suffered a stroke and had mental health issues. He has received the exact opposite treatment.

If Feinstein is still having complications at the three month mark, it’s quite possible that it won’t get better. Until then, I’m a bit disgusted at using this opportunity to voice full throttled attacks questioning the motives and mental status of one of our longest sitting Democrats.

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