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As confirmation of judges stalls, Dems treat Feinstein's health leave differently than Fetterman's

"It is obvious" that Senate Judiciary Committee member Dianne Feinstein (D-Calif.), absent for six weeks for health reasons, "can no longer fulfill her duties," tweeted California Democratic Rep. Ro Khanna.

Published: April 13, 2023 11:26pm

Some Democrats are treating California Democratic Sen. Dianne Feinstein's health-related absence from the Senate far differently than they did Pennsylvania Democratic Sen. John Fetterman's long hospitalization for depression.

Fetterman, a progressive, was hospitalized in February, which resulted in a 6-week absence from the Senate. During that time, there wasn't a chorus of calls for his resignation among Democrats, despite their razor-thin majority in the chamber. Fetterman missed 66 of 77 roll call votes from February through March, according to GovTrack.us. He was discharged from Walter Reed Medical Hospital on Friday. 

Feinstein has been unable to work in Washington, D.C. as she recovers from shingles. She recently asked Senate Majority Leader Chuck Schumer to find a temporary replacement for her on the Senate Judiciary Committee, which has been stalled in its efforts to confirm federal judges by Feinstein's absence. Feinstein, who often reaches across aisle and signs onto bipartisan legislation, has missed 59 of 77 votes in the Senate this session.

"When I was first diagnosed with shingles, I expected to return by the end of the March work period," Feinstein said Wednesday evening in a statement. "Unfortunately, my return to Washington has been delayed due to continued complications related to my diagnosis."

During Feinstein's absence, the calls for her to resign are getting louder.

"While she has had a lifetime of public service, it is obvious she can no longer fulfill her duties," tweeted California Democratic Rep. Ro Khanna, the cochair of Rep. Barbara Lee's campaign to succeed Feinstein. "Not speaking out undermines our credibility as elected representatives of the people."

During an interview with CNN, Khanna repeated his call for her to step down.

"I don't know any other job where, if you're unable to fulfill your duties, you can continue," he said. "She should know when it's time to step aside."

Minnesota Democrat Rep. Dean Phillips said he agreed with Khanna. 

"Senator Feinstein is a remarkable American whose contributions to our country are immeasurable," he said. "But I believe it's now a dereliction of duty to remain in the Senate and a dereliction of duty for those who agree to remain quiet." 

Former House Speaker Nancy Pelosi disagreed with her colleagues' statements, suggesting the pressure campaign smacked of sexism.

"I've never seen them go after a man who was sick in the Senate," she said.

Connecticut Democratic Sen. Chris Murphy echoed Pelosi.

"There have been male senators who have been away from the chamber for quite a period of time and haven’t necessarily had this call," he said.

Jon Lovett, cofounder of Crooked Media and former speechwriter in the Obama administration, also said Feinstein "should no longer be in the Senate."

Laurence Tribe, a legal scholar and commentator who served as an adviser to former President Barack Obama's 2008 campaign, replied to a tweet that lamented, "Biden can't confirm any federal judges without all Dems present on the Judiciary Committee."

"I like and long admired Senator Feinstein," wrote Tribe, "but if this is accurate there's no excuse for her refusal to resign." 

Texas Republican Rep. Ronny Jackson compared the calls for Feinstein to resign to Fetterman's absence from the Senate. 

"Democrats are now calling for Feinstein to resign, but what about Fetterman?" he wrote on social media on Thursday. "What about BIDEN? How much longer are we supposed to pretend they're capable of doing their jobs? They need to RESIGN NOW!!"

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