The Democrat Number Problem – The New York Times

President Biden and the Democrats in the Senate have a numerical problem.

With Republicans in control of the House — and showing little interest in bipartisan legislation there — the appointment of judges is one of the few ways Biden can get the job done on Capitol Hill: the Senate confirmed that federal judges and Democrats tightly control the Senate.

But Senator Dianne Feinstein is in poor health frozen the Senate Judiciary Committee, which must consider any judicial candidates before the entire Senate votes on them. Feinstein, 89 and having represented California since 1992, has had shingles since February. She has also struggled with the ability to hold conversations and short-term memory decline for many years. more than a year. It is unclear when she will return to the Senate.

Biden and other Democrats had hoped to appoint judges — both to the federal trial courts (known as the District Courts) and the appellate courts (known as the Circuit Courts) — will be a great achievement this year. That plan is now in doubt because Democrats don’t have the votes to confirm judges without Feinstein.

Instead, about 20 Biden candidates are in limbo, and 9% of the District Court and Circuit Court judge positions remain vacant. Among Biden’s unconfirmed nominees: Monica Ramírez Almadani, a civil rights attorney; Robert Kirsch, a former prosecutor focused on white-collar crime; and Kato Crews, an expert in employment law.

Trump’s record

Until recently, Republicans have generally placed more emphasis on appointing judges than Democrats. That focus has contributed to a victory for conservative policy, with federal courts thwarting liberal policies on climate change, immigration and workers’ rights.

The past few weeks have brought another such problem – abortion. Republican-appointed judges have issued rulings restricting the distribution of drugs used to terminate pregnancies, an increasingly important part of abortion practice. The Supreme Court has suspended those rulings until Friday while it considers the case.

Donald Trump, with the help of Mitch McConnell and other Republicans in the Senate, has particularly aggressive on the appointment of judges. Trump has appointed more federal judges during his four-year term than any recent president has done during his first term:

As a result, Republican appointees held most judge positions in both the trial and appellate courts when Biden took office. However, Biden’s quick start in judicial appointments during his first two years closed the gap. Today, 51% of appellate court judges are appointed by Republicans, 43% by Democrats and 6% of seats are emptyaccording to Russell Wheeler of the Brookings Institution.

To continue their progress, Democrats tried to replace Feinstein on the Judiciary Committee, but Republicans blocked the transition this week.

Without Feinstein, Democrats lost a one-vote margin on the committee, leaving the committee deadlocked in selecting candidates instead of putting them on the Senate floor. Some radical activists argue that Democratic leaders should try to change Senate rules so that the filmmakers’ body can’t stop the Judiciary Committee membership change, but Democrats may not have the votes to pass that change, said my colleague, Annie Karni, who is in charge of Congress.

“The Democrats are at an impasse,” Annie told me, “and they just hope she comes back soon.”

The other solution for Democrats would be Feinstein’s resignation. In that case, Governor Gavin Newsom of California, a Democrat, would replace her and he pledged to appoint a Black woman to take her place. Either way, Feinstein has said she won’t run for re-election next year, and three prominent California politicians have announced their candidacy: Congressmen Barbara Lee, Katie Porter and Adam Schiff.

‘About the motherland’

Some Democrats have become increasingly bold in calling for Feinstein to step down or at least raise the subject:

• “If this goes on month after month, she’s going to have to make decisions with family and friends about her future,” said Senator Amy Klobuchar, a Minnesota Democrat. know this week. “This isn’t just about California; It’s also about the country.

• “She is an icon on issues of gun violence and women’s rights, but many of us in California have become heartbroken to see that she is no longer able to carry out her duties. because she has no definite return date,” Representative Ro Khanna, who represents Northern California, said last week.

• “Senator Feinstein is a remarkable American with great contributions to our country,” Representative Dean Phillips of Minnesota tweeted last week. “But I believe now it is irresponsible to stay in the Senate for those who agree to remain silent.”

Other Democrats, including Nancy Pelosi, a former House speaker, said Feinstein had won the right to stay and called her criticism sexist. “I’ve never seen them go after a sick man in the Senate that way,” Pelosi said.

Feinstein’s defenders are certainly right that sexism plays a large role in American politics. But the most striking feature of the current situation is not Feinstein’s gender. She is not the first female member of Congress to serve in old age. What makes this case different are the consequences.

No other aging member of Congress has for decades, if not longer, thwarted one of their political party’s biggest priorities.

But the Democrats don’t seem to have a solution to their problem.

Related: Some Democrats have also called for an end to the “green vote” process, which gives Republicans veto power over any Biden candidate for a trial judge position. judge in their home state. Read more here.

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