Sen. Dianne Feinstein (D-Calif.) this week asked Senate Majority Leader Chuck Schumer (D-N.Y.) to temporarily replace her on the Senate Judiciary Committee.
Her prolonged absence from the upper chamber has stymied Democrats’ ability to confirm judges and led to a growing chorus calling for her to resign.
But the process of replacing Feinstein, 89, on the high-profile panel, like much of Senate procedure, is fairly arcane and — adding to the trouble — has precious little precedent.
According to Senate sources, Schumer next week will bring up a resolution that would call for a temporary replacement for Feinstein’s slot. He will first try to do so via unanimous consent, meaning a single senator can object and block the effort.
If that happens, the resolution would be subject to a filibuster and need to win 60 votes, including at least 10 Republicans.
A big reason for the complicated process is that committee assignments are handed out at the beginning of every Congress as part of an organizing resolution between the majority and minority parties determining the formation of each panel.
While some committees have had members temporarily step aside as chairman or ranking member due to an indictment, like Sen. Bob Menendez (D-N.J.), or an investigation, like former Sen. Richard Burr (R-N.C.), altering that agreement in the middle of a Congress has not happened in recent memory.
Two House Democrats took the stunning step Wednesday of calling for Feinstein to resign. Her absence from the upper chamber has left the Judiciary Committee deadlocked between Democrats and Republicans and prevented it from moving nominees to the floor.
Feinstein, who has been away from the Senate since early March, announced a few hours later that she would not be returning to the Capitol when the Senate reconvenes after a two-week recess due to ongoing health complications.