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America September 29, 2023 4 mins read

Sen. Dianne Feinstein’s Death: Next Steps and Political Implications 

America ı By Jackie Allen

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Feinstein’s death

Senator Dianne Feinstein’s death has created a temporary void in Senate Democrats' razor-thin majority.

 Gov. Gavin Newsom of California is now poised to make a critical decision: appointing her replacement as mandated by law. Newsom had previously pledged to select a Black woman to fulfill the remainder of Feinstein's term, which extends until 2025.

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Newsom takes the stage

This commitment has been modified lately, with Newsom claiming he wants a caretaker rather than a candidate seeking a full term in the Senate seat.

Feinstein's death leaves a conspicuous absence of Black women in the Senate. When Vice President Kamala Harris' was elected she vacated her Senate seat.

Democratic Rep. Barbara Lee, a pioneering Black legislator and contender for Feinstein's position, has voiced her frustration over the lack of Black women serving in the Senate. Before Newsom's clarification, Lee had been widely regarded as a top candidate for the role.

The eyes of the political world are now on Newsom, a rising star within the Democratic Party.

 He previously appointed Sen. Alex Padilla just over a month after the 2020 Election Day to replace Harris, demonstrating his ability to act swiftly in such situations. Given the ample time he has had to prepare for this potential appointment, Newsom is expected to make a prompt decision.

Feinstein's Death narrows majority

Currently, Senate Democrats hold an effective 50-49 majority, including three independent senators who caucus with them. The most immediate concern facing the Senate is preventing a government shutdown before midnight on Sunday. While there is bipartisan consensus on passing a stopgap measure, the loss of one vote is unlikely to have an immediate impact on Democrats. 

However, House Republicans may push to pass a viable stopgap, potentially leading to a government shutdown irrespective of the Senate's actions.

Feinstein's passing also leaves vacancies on two influential Senate committees: the Judiciary and Intelligence Committees.

 Senate Majority Leader Chuck Schumer will need to secure the full chamber's approval for her replacement(s). 

Historically, such changes have been approved with minimal controversy. But earlier this year, Senate Republicans obstructed Democrats' efforts to temporarily remove Feinstein from the Judiciary panel due to her health issues. This caused delays in confirming President Joe Biden's federal judicial nominees. 

Prominent Republicans, including Sen. Chuck Grassley of Iowa, indicated their intent to block any replacement for Feinstein on the Judiciary Committee if the need arose.

In the short term, a vacant seat may impede Democrats' ability to swiftly confirm lower-court nominees. 

Even in the event of a Supreme Court justice's death, Democrats could force a full vote on a potential Biden nominee, as seen in the case of Judge Ketanji Brown Jackson. Schumer utilized a procedural maneuver to advance Jackson's nomination out of the committee, ultimately securing her confirmation to the Supreme Court.

Next Steps in California

In the state of California, the process for selecting Feinstein's replacement is complex. Californians will cast their votes four times next year to determine the future of one U.S. Senate seat.

Since Feinstein passed away more than 148 days ahead of the next scheduled primary, California will conduct a special election primary and call a special election to fill a portion of Feinstein's term, ending in 2025.

California employs a "jungle primary" system, where the top two candidates, regardless of party affiliation, compete in the general election.

 Three prominent Democrats had already entered the race to secure a full term: Barbara Lee, along with her House Democratic colleagues Reps. Adam Schiff and Katie Porter. Schiff had been leading the field before Feinstein's death. 

A former chair of the House Intelligence Committee, Schiff gained national prominence during the first impeachment of President Trump while serving as one of the House managers. He was instrumental in pushing the now-proven false narrative that Trump was working with the Russians to win his election.

His campaign boasts an impressive $29.8 million in funding. Porter, mentored by Sen. Elizabeth Warren, gained attention during the Trump administration for her rigorous questioning of top officials, often using a whiteboard to make her point.

On the Republican side, James Bradley, a corporate executive, is the leading candidate, while some within the GOP have encouraged former Los Angeles Dodgers legend Steve Garvey to consider running.

 

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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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