# Can Elder replace senator Feinstein? **URL:** \ **Category:** Politics & Elections\ **Created:** [September 5, 2021, 6:45pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143 "2021-09-05T18:45:18Z")\ **Posts on this page:** 15\ **Page:** 3
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [April 17, 2022, 7:57pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/41 "2022-04-17T19:57:08Z")
Hear me now and believe me later, he was no girly man! ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [April 17, 2022, 11:23pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/42 "2022-04-17T23:23:32Z")
> [@Lance\_Turbo](#): > > Gee whiz, was there anything extraordinary about that candidate, or was he an ordinary, run of the mill, moderate Republican? He called Trump the worst President the US has ever had, compared the Proud Boys to Nazis, and strongly condemned the January 6th riots. > **[Arnold Schwarzenegger calls Donald Trump 'worst president ever,' denounces...](https://ew.com/celebrity/arnold-schwarzenegger-denounces-donald-trump-capitol-riots/)** > > The actor denounced "failed leader" Donald Trump and his role in encouraging the Capitol riots this week. Which should just make him a normal person, but unfortunately makes him a very exceptional Republican. ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [April 18, 2022, 11:07am UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/43 "2022-04-18T11:07:50Z")
> [@Atamasama](#): > > He called Trump the worst President the US has ever had, compared the Proud Boys to Nazis, and strongly condemned the January 6th riots. It’s cause he’s one of them furriners! No Real American would say those things! ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 5, 2022, 2:05pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/44 "2022-05-05T14:05:41Z")
It is fairly unfortunate how such things are reported. The “Twinkie defense” sells newspapers, but Dan White was given a light sentence under the concept of “diminished capacity”, and professional mental health experts had compelling testimony that White was deeply depressed and operating at diminished capacity. Just like anything involving the courts, juries, a judge, and discretion, sometimes an unjust result will occur. Even given the credible diminished capacity, White should have gotten a longer prison sentence, and that was a miscarriage of justice. A far bigger miscarriage of justice is that because of how sensationalized reporting was on the “Twinkie defense”, California struck the diminished capacity defense from its books entirely, as part of what ended up being a larger national movement to basically make it so any type of diminished capacity or mental incapacity defense was almost impossible to utilize, even by people who are quite clearly cripplingly mentally ill. Now only a very small number of the most extreme cases are covered by the reduced insanity defense, and our prison system has a huge % of its inmates who are deeply mentally ill and essentially barely receiving treatment for it at all. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [May 5, 2022, 4:17pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/45 "2022-05-05T16:17:20Z")
> [@Martin\_Hyde](#): > > Just like anything involving the courts, juries, a judge, and discretion, sometimes an unjust result will occur. Even given the credible diminished capacity, White should have gotten a longer prison sentence, and that was a miscarriage of justice. Recall also that when Dan White got out of prison, he stubbornly returned to the Bay Area, and was unable to get a new job there. Shortly after that, he killed himself. Some people at the time made remarks to the effect that he got his just reward after all. Karma caught up with him. My brother, who had some legal training, commented on the other hand that his suicide demonstrated that he really was mentally not-quite-right, thus suggesting that his “diminished capacity” defense may have been just after all. So anyway, now like you say, > [@Martin\_Hyde](#): > > Now only a very small number of the most extreme cases are covered by the reduced insanity defense, and our prison system has a huge % of its inmates who are deeply mentally ill and essentially barely receiving treatment for it at all. ---
**Author:** ![Mnemnosyne](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mnemnosyne/32/3347_2.png) [@Mnemnosyne](https://boards.straightdope.com/u/Mnemnosyne)\ **Post date:** [May 6, 2022, 9:43am UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/46 "2022-05-06T09:43:46Z")
> [@Saint\_Cad](#): > > She may wait until November to see if Newsom wins re-election. If he doesn’t then she should definitely retire before the Pub governor takes office. Can the republicans in California block that in any way? Cause you know they will if there’s even the tiniest way they can. Also, I wonder if other people, like Feinstein in this case will actually learn a lesson from the last ‘should’ve retired but didn’t’ who has left us with a steep price for her hubris… ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [May 6, 2022, 12:03pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/47 "2022-05-06T12:03:45Z")
> [@gdave](#): > > So, voters should recall Gavin Newsome and elect Larry Elder Holy shit, didn’t we JUST do this? ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [May 6, 2022, 12:04pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/48 "2022-05-06T12:04:39Z")
> [@Sam\_Stone](#): > > That’s clearly and obviously what he meant. No one, including Elder, thinks a governor can just replace a senator on a whim. I object to the idea that Elder “thinks”; I’ve seen no evidence for this claim. ---
**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\ **Post date:** [May 6, 2022, 12:52pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/49 "2022-05-06T12:52:53Z")
> [@Mnemnosyne](#): > > Can the republicans in California block that in any way? Cause you know they will if there’s even the tiniest way they can. Republicans in California have no legal authority to block or delay the Governor’s appointment of a replacement Senator. It is solely the power of the Governor – the state legislature plays no role. ---
**Author:** ![SpacemanSpiff\_II](https://avatars.discourse-cdn.com/v4/letter/s/e19adc/32.png) [@SpacemanSpiff\_II](https://boards.straightdope.com/u/SpacemanSpiff_II)\ **Post date:** [May 6, 2022, 3:33pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/50 "2022-05-06T15:33:54Z")
> [@Martin\_Hyde](#): > > A far bigger miscarriage of justice is that because of how sensationalized reporting was on the “Twinkie defense”, California struck the diminished capacity defense from its books entirely, as part of what ended up being a larger national movement to basically make it so any type of diminished capacity or mental incapacity defense was almost impossible to utilize, even by people who are quite clearly cripplingly mentally ill. Now only a very small number of the most extreme cases are covered by the reduced insanity defense, and our prison system has a huge % of its inmates who are deeply mentally ill and essentially barely receiving treatment for it at all. I don’t see that as a miscarriage of justice. If a person kills or otherwise harms someone due to being “clearly cripplingly mentally ill”, then that person needs to be prevented from harming other people in the future. Such people in prison may be “barely receiving treatment for it at all” but they might not be receiving any such treatment outside of prison either, and even if they are, it’s very likely ineffective in reducing the danger to the population of potential future victims. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [May 6, 2022, 4:58pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/51 "2022-05-06T16:58:51Z")
Generally, if someone doesn’t have the mental capacity to form genuine intent, but they are a danger to society due to their mental illness–that’s what a secured psychiatric facility (with trained nursing and medical staff) are for–not a State prison. But we also gutted funding for state psychiatric hospitals around the same time we basically made it almost impossible to utilize the insanity defense. Net–more mentally ill people who frankly need to be more closely taken care of just live on the streets now and if they get in trouble they go to prison. ---
**Author:** ![PastTense](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pasttense/32/14550_2.png) [@PastTense](https://boards.straightdope.com/u/PastTense)\ **Post date:** [February 14, 2023, 8:32pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/52 "2023-02-14T20:32:48Z")
> **[Feinstein: Will Not Run for Reelection in 2024, Focus on This Congress](https://www.feinstein.senate.gov/public/index.cfm/press-releases?id=7749771D-9314-4884-A75D-D9DE7181D372)** > > Washington—Senator Dianne Feinstein (D-Calif.) today released the following statement announcing she will not run for reelection in 2024 but will continue to serve out her current term in office: > > “I am announcing today I will not run for reelection... ---
**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\ **Post date:** [February 14, 2023, 8:42pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/53 "2023-02-14T20:42:37Z")
A good thing for all concerned. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [February 14, 2023, 8:48pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/54 "2023-02-14T20:48:45Z")
It’s especially good for her. She can retire in dignity because her job is done. ---
**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\ **Post date:** [February 14, 2023, 9:10pm UTC](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143/55 "2023-02-14T21:10:57Z")
I guess Murkowski can keep her lunch money now. [![](https://pbs.twimg.com/media/DoCjTF-XUAEdh28?format=jpg&name=900x900) ](https://pbs.twimg.com/media/DoCjTF-XUAEdh28?format=jpg&name=900x900) [Previous page](https://boards.straightdope.com/t/can-elder-replace-senator-feinstein/950143.md?page=2)