Durbin rejects Feinstein’s assertion that her absence is not impacting Senate

Emily Jacobs

May 07, 06:53 PM May 07, 06:53 PM

Senate Judiciary Committee Chairman Dick Durbin (D-IL) took issue on Sunday with Sen. Dianne Feinstein's (D-CA) claim this week that her absence was not causing any delays in advancing President Joe Biden's legislative agenda.

Feinstein, the Senate's oldest member at 89, has been absent from the chamber since being diagnosed with shingles in February. Democrats only control the Senate by a 51-49 margin, meaning that one absence gives Republicans an opportunity to block Biden's nominees and legislative efforts. After years of criticisms from those in her party that she was no longer up to the job, Feinstein said at the time of her diagnosis that she wouldn't seek reelection in 2024, though she vowed to serve out the remaining 20 months of her term.

FEINSTEIN HITS BACK AT CRITICISM OVER SENATE ABSENCE, PROVIDES NO TIMETABLE FOR RETURN

Tensions over Feinstein boiled over in mid-April as it became clear that she would not return at the conclusion of Senate recess, leading a number of House Democrats to start calling for her resignation. Her absence has put the most strain on the Senate Judiciary Committee. The panel has been essentially paralyzed without the California senator, which leaves Democrats without the necessary votes to advance most of Biden's judicial nominees.

On Thursday, Feinstein released a statement rejecting the idea that her absence was causing any delay whatsoever in a rebuke of her colleagues' concerns.

"The Senate continues to swiftly confirm highly qualified individuals to the federal judiciary, including seven more judicial nominees who were confirmed this week," the statement read. "There has been no slowdown."

Acknowledging that Feinstein was a friend who had been through "an awful lot" since the death of her late husband, Richard Blum, last year, Durbin told CNN's State of the Union on Sunday that her absence had made it "a challenge in the Senate Judiciary Committee to do our business."

"I want to treat Dianne Feinstein fairly. I want to be sensitive to her family situation and her personal situation," he told the network. "I don't want to say that she's going to be put under more pressure than others have been in the past. But the bottom line is, the business of the committee and of the Senate is affected by her absence."

The 15 judges Biden cannot confirm while Feinstein is out of the Senate

Cami Mondeaux

April 20, 08:56 AM April 20, 08:57 AM

Sen. Dianne Feinstein (D-CA) has been absent from the Senate since early March, when she was hospitalized with shingles, leaving Democrats unable to advance several of President Joe Biden’s judicial nominees.

Feinstein’s absence coincided with absences from Senate Minority Leader Mitch McConnell (R-KY), who was hospitalized in early March with a concussion, and freshman Sen. John Fetterman (D-PA), who checked himself into the hospital to be treated for depression. McConnell and Fetterman returned to the Senate after Congress returned from recess earlier this week, leaving Feinstein as the lone missing link.

SENATE DEMOCRATS STUCK WITH FEINSTEIN DILEMMA AFTER JUDICIARY COMMITTEE SWAP FAILS

Feinstein’s absence means Democrats no longer hold their slim majority in the Senate, slowing down the work of the chamber’s Judicial Committee, on which the California Democrat sits. The Judicial Committee is tasked with vetting Biden’s judicial nominees before they appear before the full Senate for a confirmation vote.

There are 15 judicial nominees waiting to be approved by the Judicial Committee whose confirmations must wait in limbo until Feinstein returns. Although Feinstein has requested to be temporarily removed from the panel to speed things along, Republicans have refused to agree to such a move.

Here are the 15 nominees waiting for a confirmation vote as Feinstein recovers:

Charnelle Bjelkengren for the Eastern District of Washington

Charnelle Bjelkengren was recommended to Biden by Sen. Patty Murray (D-WA) to serve on the U.S. District Court for the Eastern District of Washington.

Bjelkengren currently serves as a judge on the Spokane County Superior Court, and she became the first black woman to be elevated to that court when she was nominated in 2019. If confirmed to the new position, she would become the first black woman to serve as a federal judge on the U.S. District Court for the Eastern District of Washington.

Some Republicans have remained skeptical of her nomination, especially after the judge struggled to answer lawmakers’ questions about the purpose of Article Five of the Constitution, which outlines the procedures to amend the founding document.

Orelia Merchant for the Eastern District of New York

Orelia Merchant was nominated in September to serve on the U.S. District Court for the Eastern District of New York. Merchant appeared before the Judicial Committee for her nomination hearing on Jan. 25, but her nomination has remained largely stalled since then.

Merchant served as a special assistant U.S. attorney in the U.S. Attorney’s Office for the Eastern District of New York from 2002 to 2019. Before that, she worked as the assistant regional counsel for the Environmental Protection Agency from 1998 to 2002.

Since 2019, Merchant has served as the chief deputy attorney general for state counsel in the New York State Attorney General’s Office, overseeing more than 8,000 active cases in state and federal court on behalf of the Empire State.

Michael Farbiarz for the District of New Jersey

Michael Farbiarz was nominated by Biden for the U.S. District Court for the District of New Jersey in January, appearing before the committee for a confirmation hearing on Jan. 25. Farbiarz has a lengthy legal career, serving as a law clerk, assistant U.S. attorney, as well as a professor.

Farbiarz is best known for his prosecution of a group of Somali pirates who seized a U.S. container ship in the Indian Ocean in 2009. That incident was portrayed in the 2013 film Captain Phillips.

Robert Kirsch for the District of New Jersey

Also in New Jersey, Robert Kirsch was nominated for the U.S. District Court for the District of New Jersey, likewise appearing for a hearing before the Judicial panel on Jan. 25.

Kirsch served as an assistant U.S. attorney in the U.S. Attorney’s Office for the District of New Jersey from 1997 to 2010, where he mainly focused on white-collar crimes. Since then, Kirsch was appointed to serve as a judge of the New Jersey Superior Court for Union County.

Marian Gaston for the Southern District of California

Marian Gaston was nominated to serve on the U.S. District Court for the Southern District of California in late January before appearing for her nomination hearing on Feb. 15. Gaston was nominated to replace the seat vacated by Judge William Hayes, who was elevated to senior status in August 2021.

Gaston currently serves as a San Diego County Superior Court judge after she was appointed by then-Gov. Jerry Brown (D-CA) in 2015. Before that, Gaston worked as a public defender at the San Diego County Public Defender’s Office.

Wesley Hsu for the Central District of California

Wesley Hsu was nominated by Biden to sit on the U.S. District Court for the Central District of California in January and appeared for his confirmation hearing on Feb. 15.

Hsu currently serves as a judge of the Superior Court of Los Angeles County in California after being elected in 2017. He was later reelected in 2018, and his current term is set to expire in January 2025.

Monica Ramirez Almadani for the Central District of California

Monica Ramirez Almadani was nominated to sit on the U.S. District Court for the Central District of California in January and appeared for a hearing on Feb. 15. She awaits a vote from the committee to advance her to the full Senate for consideration.

Ramirez Almadani has a lengthy career in law, serving as a civil rights litigator, prosecutor, and law school professor. Most recently, Ramirez Almadani served as the president and CEO of Public Counsel, which is the largest pro bono public interest law firm in the country.

Michael Delaney for the 1st U.S. Circuit Court of Appeals in New Hampshire

Michael Delany was nominated to sit on the 1st U.S. Circuit Court of Appeals in New Hampshire and appeared for his hearing on Feb. 15. However, Delaney faces an uphill battle as he has faced scrutiny from both Democrats and Republicans for his handling of a sexual assault case at a New Hampshire boarding school.

Delaney has also come under scrutiny after signing a legal brief in 2005 that was sent to the Supreme Court defending a law in New Hampshire that required minors to tell their parents before obtaining an abortion. That law was later repealed in 2007.

At the time, Delaney defended the law because he said it did not “present a substantial obstacle to any woman’s right to choose an abortion.” During his hearing, Delaney told the committee he did not write the brief and had very limited involvement in the case that prompted it.

Jeffrey Cummings for the Northern District of Illinois

Biden nominated Jeffrey Cummings to serve as district court judge for the Northern District of Illinois in January. Cummings appeared before the Judiciary Committee for a hearing on Feb. 15.

Cummings served as counsel to former President Barack Obama before he was elected to the Senate in 2004. Cummings has served as a magistrate judge since February 2019.

LaShonda Hunt for the Northern District of Illinois

LaShonda Hunt was nominated in January to serve on the U.S. District Court for the Northern District of Illinois after being recommended by Sens. Tammy Duckworth (D-IL) and Dick Durbin (D-IL), who chairs the Judiciary Committee.

Hunt works as a bankruptcy judge in the Northern District of Illinois after serving as the general counsel of the Illinois Department of Central Management Services. She also has experience working as the chief legal counsel of the Illinois Department of Corrections and as an assistant U.S. attorney in the Northern District of Illinois.

Amanda Brailsford for the District Court of Idaho

Biden nominated Amanda Brailsford to serve as a district judge for the District Court of Idaho in January. She appeared for a hearing before the Judiciary Committee on March 22.

Brailsford was recommended by Sens. Michael Crapo (R-ID) and James Risch (R-ID) to replace Judge B. Lynn Winmill, who was elevated to senior status in August 2021. If confirmed, Brailsford would become the first woman to serve on the U.S. District Court for the District of Idaho.

Kato Crews for the District Court of Colorado

Kato Crews was nominated to become a U.S. district judge for the District Court of Colorado in February and appeared for a hearing on March 22. He serves as a magistrate judge for the Court of Colorado, where he has worked since 2018.

Crews came under some scrutiny during his nomination hearing before the Judicial panel after Sen. John Kennedy (R-LA) asked him about the Brady motion, which is a decades-old legal doctrine that allows defendants to request prosecutors to turn over evidence that could be favorable to them. Crews struggled to define the doctrine when asked.

Jeremy Daniel for the Northern District of Illinois

Jeremy Daniel is one of the most recent nominees, as he was nominated to sit on the U.S. District Court for the Northern District of Illinois in March and held his confirmation hearing earlier this week on Tuesday.

Daniel served in the Marine Corps before being honorably discharged in 2000. Since then, he’s worked in a variety of legal roles. Most recently, he’s served as an assistant U.S. attorney in the Northern District of Illinois since 2014.

Brendan Hurson for the District of Maryland

Hurson is another recent nominee, being nominated to serve as a district judge in March and appearing for his committee hearing on Tuesday.

Hurson serves as a magistrate judge for the District of Maryland after being appointed in February 2022. Before that, he spent years as a public defender in Maryland.

Darrel Papillion for the Eastern District of Louisiana

Biden nominated Darrel Papillion to serve on the U.S. District Court for the Eastern District of Louisiana in March, and he also appeared before the Judicial Committee for his hearing on Tuesday.

Papillion is among those who are likely to receive bipartisan support for his nomination, already garnering support from Republicans such as Kennedy, who praised the nominee during his hearing as being a “lawyer’s lawyer.”

Throughout his legal career, Papillion has specialized in cases advocating injured workers and sex abuse victims, as well as those affected by voter disenfranchisement.

Khanna says Democrats are privately praising his Feinstein resignation call

Emily Jacobs

April 15, 07:17 PM April 15, 07:18 PM

Rep. Ro Khanna (D-CA), who has been embroiled in an intra-party dispute over his call for Sen. Dianne Feinstein's (D-CA) resignation, said over the weekend that Democrats have expressed support for his move in private.

Feinstein, who at 89 is the Senate's oldest member, has been absent from the chamber since being diagnosed with shingles in February. Democrats only control the chamber by a 51-49 margin, meaning that one absence gives Republicans an opportunity to block President Joe Biden's nominees and legislative efforts.

TOM COTTON TELLS GOP NOT TO HELP DEMOCRATS REPLACE FEINSTEIN ON JUDICIARY COMMITTEE

After years of criticisms from inside her party that she was no longer up to the job, Feinstein said in February she wouldn't seek reelection in 2024, though she vowed to serve out the remaining 20 months of her term.

Tensions over Feinstein's absence boiled over as it became clear this week that she would not return at the conclusion of Senate recess on Monday, with two House Democrats, including one from her home state, calling for her resignation. The lawmakers, Khanna and Rep. Dean Phillips (D-MN), said Tuesday in separate statements that while the longtime California lawmaker deserved praise for her storied political career, her health problems were affecting her ability to fulfill her duties.

Feinstein offered a compromise amid pressure over her absence on Wednesday, saying she would ask to be replaced on the Senate Judiciary Committee until her return. The panel has been paralyzed as a result of Feinstein's absence, which leaves Democrats without the necessary votes to advance Biden's judicial nominees.

Senate Majority Leader Chuck Schumer (D-NY) said he would ask the Senate next week to allow another Democrat to serve on the panel, but the move will require Republican support, and it is unclear if the GOP will comply.

Asked how Democrats have responded to his decision to go public with what many in the party had already said anonymously to major news outlets in recent years, Khanna said he had received largely positive feedback from fellow lawmakers.

"Quite a few people have said in private, [have] texted [me] saying they agree with that," the House Democrat said on MSNBC on Saturday.

"I think many colleagues are hoping she will come to the conclusion on her own [to resign]," he added. "They have a lot of respect for her, they don't want to push her in a corner, but they're hoping that she will make this decision to have dignity in ending a distinguished career."

Most Democrats have either remained silent or defended Feinstein in the wake of the renewed dispute over her capacity to do her job. Former House Speaker Nancy Pelosi (D-CA) and Sen. Chris Murphy (D-CT) both appeared to imply that sexism and political motivations were involved in the push to oust the veteran senator.

The two seemed to be referencing the absence of Sen. John Fetterman (D-PA) and Khanna's endorsement of Rep. Barbara Lee (D-CA) in the Democratic primary to fill Feinstein's seat in 2024. Lee is polling behind Reps. Adam Schiff (D-CA) and Katie Porter (D-CA), but she is believed to be Gov. Gavin Newsom's (D-CA) front-runner to replace Feinstein were the senator to resign early. If Newsom were to appoint Lee, she would have the benefit of incumbency in her primary race and likely see a boost in the polls.

Sen. Amy Klobuchar (D-MN), meanwhile, said she was taking a wait-and-see approach and would give Feinstein a month or so before reassessing the matter.

Biden labor secretary pick's nomination on the rocks with Senate support unclear

Emily Jacobs

April 03, 07:08 PM April 03, 07:08 PM

Deputy Labor Secretary Julie Su's nomination to the top job appears to be in jeopardy as some Senate Democrats facing tough reelection fights next year mull voting with a united GOP conference against her confirmation.

President Joe Biden nominated Su in February to replace outgoing Labor Secretary Marty Walsh, who left his post to lead the National Hockey League Players' Association. Her nomination has been met with heavy criticism from Senate Republicans based on her time leading California's Labor and Workforce Development Agency during the pandemic. On Su's watch, the state fulfilled between $20 billion and $32 billion in fraudulent unemployment claims, and roughly 5 million Californians saw their benefits payments severely delayed.

BIDEN STANDS BY LABOR SECRETARY PICK IN FACE OF PANDEMIC TRACK RECORD CRITICISM

The GOP conference has stood united in opposition to Su's nomination, meaning Senate Democrats can only afford one defection in her confirmation vote.

“I think it’s going to take some work,” Sen. John Hickenlooper (D-CO), a member of the Senate Health, Education, Labor, and Pensions Committee that will vote on Su's nomination, told the Hill of getting her confirmed. “It’s sort of what they used to say about the NFL — on any given Sunday.”

Democrats currently control the Senate by a 51-49 margin, meaning that a single absence could give Republicans an opportunity to block Biden's nominees and legislative efforts. The fluctuating makeup of the Senate in recent months, caused by several absences from members of both parties, complicated Democrats' ability to push certain priorities through the chamber and underscored just how tenuous their majority is.

Sen. John Fetterman (D-PA) will return to work on April 17 when the current recess ends after a six-week hospital stay for in-patient depression treatment that kept him from the chamber. Sen. Dianne Feinstein (D-CA) has been absent due to medical troubles since March, and her team has yet to say if she will be back at work when the Senate reconvenes later this month. Sen. Jeff Merkley (D-OR) was forced to miss votes when he traveled home after his mother died in late February, while Sen. Bob Casey (D-PA) was absent for just under two weeks that month when he underwent surgery for prostate cancer.

On the GOP side, Senate Minority Leader Mitch McConnell (R-KY) was missing for most of March after suffering a fall that resulted in a two-week rehab stay. He is expected to return to the Senate after the recess, though that has not been confirmed.

The changing number of present senators is one of two major factors that have Su's nomination as labor secretary on the rocks.

Su barely survived her confirmation vote for the deputy secretary post in 2021, only being approved by a three-vote margin on party lines. While Sens. Joe Manchin (D-WV), Mark Kelly (D-AZ), Jon Tester (D-MT), Kyrsten Sinema (I-AZ), and Angus King (I-ME) voted to confirm Su to the deputy post, none of the five have gotten behind her nomination to the top job.

Asked about his 2021 vote for Su, Manchin told reporters last week that his support was based on his confidence in Walsh.

"My vote for her last time was all predicated on Marty," he said before noting that he wanted someone like Walsh to replace him in the role. "I had Marty Walsh and I am looking for a Marty Walsh."

Manchin told Bloomberg Law last week that he would not make a decision on Su's nomination before her April 20 confirmation hearing, saying, "I haven’t gotten into that yet; I’m waiting till her hearing’s over. There’s concerns, I’m sure."

King, an independent who caucuses with the Democrats, told the outlet he has a meeting scheduled with Su where he expects to address policy issues related to independent contractors and the joint employer standard.

“They’re things I’m concerned about,” King said of her nomination.