Should Diane Feinstein resign from the senate? She has missed some 60+ of 80+ votes this year {2023-09-29 she passed away}

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”.

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.

Care to clarify this?

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

For some reason, the article suggests that Republicans have to agree to do this, which seems kind of bonkers.

She lacks the mental capacity to understand the daily activities of the United States Senate?

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.

Let’s just take this line of thinking to its logical conclusion:

Stranger

Appointment to a committee requires a Senate resolution, which is subject to a filibuster.

~Max

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?

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

Moderating:

Stop hijacking this thread with this issue, for which, to boot, you have offered no cites. You’ll have a warning if you continue.

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.

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.)

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

In California a vacant senate seat is filled by gubernatorial appointment.

Only 13 states require a special election. 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.

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.

I thought of that, but voting by ouija board seemed a bridge too far.

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.

John Fetterman just came back to the Senate after spending six weeks in the hospital being treated for depression.. Let’s be careful about calling for time limits for being sick.