# Should Diane Feinstein resign from the senate? She has missed some 60+ of 80+ votes this year {2023-09-29 she passed away} **URL:** \ **Category:** Politics & Elections\ **Created:** [April 13, 2023, 3:32pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629 "2023-04-13T15:32:43Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 13, 2023, 5:28pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/21 "2023-04-13T17:28:08Z")
> [@Cheesesteak](#): > > She has shingles. It’s a debilitating, painful disease even in people who aren’t 89. I get that. I’m talking about an absolute must-win vote for the Dems that Feinstein’s vote will create the tie for Harris to break OR be that vote that makes it 2/3. I doubt that it would be necessary but in the old-timey Senate, the Pubs would not have taken advantage of illness to steal an extra vote. I forget what it’s called but if Sen A cannot vote for reasons outside their control, Sen B from the opposing party will vote “Present”. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 13, 2023, 5:29pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/22 "2023-04-13T17:29:32Z")
> [@Chronos](#): > > You do you, but I’m more worried about things that exist than about things that don’t. So you’re worried about Biden’s dementia too? Good to hear. The point being Biden is 1 of 1. Feinstein is 1 of 100 so any mental issues can be somewhat mitigated. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [April 13, 2023, 5:33pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/23 "2023-04-13T17:33:44Z")
> [@Jimmy\_Chitwood](#): > > But Feinstein already does not know what is going on from day to day Care to clarify this? ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [April 13, 2023, 5:33pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/24 "2023-04-13T17:33:57Z")
She’s in SF right now. It’s not realistic to have a terribly ill old woman fly across the country to vote. Anyway, after a search I found that she has asked to be temporarily replaced on the Judiciary Committee. [Announcement](https://theweek.com/dianne-feinstein/1022632/sen-dianne-feinstein-still-recovering-from-shingles-asks-to-be-replaced-on) For some reason, the article suggests that Republicans have to agree to do this, which seems kind of bonkers. ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [April 13, 2023, 5:35pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/25 "2023-04-13T17:35:29Z")
She lacks the mental capacity to understand the daily activities of the United States Senate? ---
**Author:** ![Dr.Drake](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)\ **Post date:** [April 13, 2023, 5:38pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/26 "2023-04-13T17:38:39Z")
> [@Cheesesteak](#): > > She’s in SF right now. It’s not realistic to have a terribly ill old woman fly across the country to vote. This is true. It’s also true that voting is a pretty core part of her job. So if the situation is longer than a couple of weeks, it’s time to leave the job. ---
**Author:** ![Stranger\_On\_A\_Train](https://avatars.discourse-cdn.com/v4/letter/s/13edae/32.png) [@Stranger\_On\_A\_Train](https://boards.straightdope.com/u/Stranger_On_A_Train)\ **Post date:** [April 13, 2023, 5:40pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/27 "2023-04-13T17:40:48Z")
> [@Jackmannii](#): > > If it becomes really necessary, couldn’t Democrats wheel in Feinstein for crucial votes, like Robert Byrd (who was still in office, voting and serving on committee(s) at age 92)? > > Or they could have Feinstein transported by ambulance and stretcher, like [Pete Wilson](https://www.nytimes.com/1985/05/10/us/senator-brings-a-vote-from-his-hospital-bed.html). Let’s just take this line of thinking to its logical conclusion: [![](https://img.youtube.com/vi/Y_fuh8sBZME/maxresdefault.jpg "Talking to the Dead Now Possible With AI Robot (Artificial Intelligence).") ](https://www.youtube.com/watch?v=Y_fuh8sBZME) Stranger ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [April 13, 2023, 5:45pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/28 "2023-04-13T17:45:27Z")
> [@Whack-a-Mole](#): > > At the very least, Schumer should remove her from all committees. I cannot imagine why he hasn’t. If she comes back and can do the job then he can put her back on some committees. Appointment to a committee requires a Senate resolution, which is subject to a filibuster. ~Max ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 13, 2023, 5:53pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/29 "2023-04-13T17:53:11Z")
> [@Max\_S](#): > > Appointment to a committee requires a Senate resolution, which is subject to a filibuster. Isn’t that a pro forma thing in the senate? Each side gets x-amount of people they can appoint and the minority/majority leader gets to pick and that’s the end of it? ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [April 13, 2023, 5:55pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/30 "2023-04-13T17:55:10Z")
> [@Whack-a-Mole](#): > > Isn’t that a pro forma thing in the senate? We’re talking about Republicans… nothing is sacred. Another pro forma thing is for the majority leader not to remove a senior member from her post, but rather to encourage her to resign from committee voluntarily. (which subsequently happened here) ~Max ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [April 13, 2023, 5:55pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/31 "2023-04-13T17:55:27Z")
Moderating: > [@Saint\_Cad](#): > > I am more worried about Biden’s dementia than Feinstein’s issues. > [@Saint\_Cad](#): > > So you’re worried about Biden’s dementia too? Good to hear. Stop hijacking this thread with this issue, for which, to boot, you have offered no cites. You’ll have a warning if you continue. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 13, 2023, 6:16pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/32 "2023-04-13T18:16:52Z")
> [@Max\_S](#): > > Another pro forma thing is for the majority leader not to remove a senior member from her post, but rather to encourage her to resign from committee voluntarily. (which subsequently happened here) I never thought a minority/majority leader was that beholden. I thought they can kick/appoint people from/to committees at a whim. That’s their superpower. The courtesy is to allow the committee member to step down so they can “spend more time with their family” (or whatever). But if push comes to shove they just get kicked off with little or no comment from the leadership. ---
**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\ **Post date:** [April 13, 2023, 6:33pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/33 "2023-04-13T18:33:44Z")
> [@snowthx](#): > > But, if she leaves now and Governor Newsom appoints a replacement, that can complicate the whole Katie Porter, Adam Schiff, Barbara Lee contest for Feinstein’s seat in 2024. Plus, Newsom promised if he were to fill that seat, it would be with a Black woman and Lee would be the obvious choice, but would give her an incumbent advantage in the 2024 election, and Newsom is loathe to tilt the scales like that. He could appoint someone who agrees to fill the seat until Feinstein’s term is over with someone who agrees not to run in that race. Somehow, I don’t think that’s going to happen. Note that, in California, there would technically be two races for that seat; one to fill the term from November 7 through January 3, and another for the full six year term starting January 4. This is what happened with Kamala Harris’s seat. (California Elections Code, Section 10720.) ---
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [April 13, 2023, 6:34pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/34 "2023-04-13T18:34:57Z")
The majority leader’s superpower is being recognized by the chair, and therefore being able to direct Senate business. Committee appointments require a Senate resolution and do not serve at the pleasure of the majority leader, but he can force a vote on his preferred candidate. He is beholden to a minority’s threatened filibuster, inasmuch as modern leaders lack the will to force a talking filibuster. ~Max ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 13, 2023, 6:40pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/35 "2023-04-13T18:40:14Z")
In California a vacant senate seat is filled by gubernatorial appointment. Only [13 states require a special election.](https://ballotpedia.org/Filling_vacancies_in_the_U.S._Senate) California is not one of them. So, if Feinstein resigned (or died) California’s governor would appoint a person of their choosing to that seat. They’d serve until the next usually scheduled election where they’d have to run to keep the seat (if they wanted to). I would think, in the case of a resignation, the leaving senator would negotiate with the governor on who gets to replace them. Probably depends on circumstances though. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 13, 2023, 6:56pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/36 "2023-04-13T18:56:40Z")
ETA: The governor (California) appoints a person who must run for election in the next statewide election (they do not have to but they need to do so to keep the seat). The winner of that election then serves out the remainder of the previous senator’s term and then must run again. Confusing but I think that’s it. Which, I think, is what @That_Don_Guy said much more succinctly. ---
**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\ **Post date:** [April 13, 2023, 7:23pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/37 "2023-04-13T19:23:13Z")
I thought of that, but voting by ouija board seemed a bridge too far. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 13, 2023, 8:10pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/38 "2023-04-13T20:10:19Z")
> [@Cheesesteak](#): > > She’s in SF right now. It’s not realistic to have a terribly ill old woman fly across the country to vote. Like I said, it would be rare if ever that her vote is necessary. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [April 13, 2023, 8:19pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/39 "2023-04-13T20:19:07Z")
> [@Saint\_Cad](#): > > Like I said, it would be rare if ever that her vote is necessary. Her vote in the judiciary committee is critical. Without her vote it is a tie and then nothing happens and no judges get appointed. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [April 13, 2023, 8:26pm UTC](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629/40 "2023-04-13T20:26:35Z")
> [@Dr.Drake](#): > > This is true. It’s also true that voting is a pretty core part of her job. So if the situation is longer than a couple of weeks, it’s time to leave the job. John Fetterman just came back to the Senate after spending [six weeks in the hospital being treated for depression.](https://boards.straightdope.com/t/john-fetterman-enters-hospital-for-depression-2-16-2023-leaves-2023-04-01/979909). Let’s be careful about calling for time limits for being sick. [Previous page](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629.md?page=1) [Next page](https://boards.straightdope.com/t/should-diane-feinstein-resign-from-the-senate-she-has-missed-some-60-of-80-votes-this-year-2023-09-29-she-passed-away/982629.md?page=3)