I understand why Hillary Clinton, who has lived the life that Hillary Clinton has lived, would assume the worst of Republicans. But her analysis of this situation doesn't make sense.
should not retire from the Senate. She didn’t try to argue that Feinstein was actually, secretly, very healthy. Her argument was pragmatic. If Feinstein retires, Clinton said, Democrats won’t be able to replace her on the Judiciary Committee, and the Democratic plan to rebalance the federal judiciary would go poof.
“Here’s the dilemma: the Republicans will not agree to add someone else to the Judiciary Committee if she retires,” Clinton said. “I want you to think about how crummy that is. I don’t know in her heart about whether she really would or wouldn’t, but right now, she can’t. Because if we’re going to get judges confirmed, which is one of the most important continuing obligations that we have, then we cannot afford to have her seat vacant.
But this theory—that Republicans wouldn’t allow a Feinstein replacement on the Judiciary Committee in the event she resigned—is one I see Democrats float more often than Republicans. In April, for example, when Feinstein was still away from the Senate and unable to attend to her Judiciary duties, Montana Sen. Jon Tester“whether she resigns or not, it isn’t going to make any difference,” since Republicans wouldn’t allow a Judiciary replacement in the event of a resignation.
A paragraph later, though, Texas Sen. John Cornyn threw cold water all over that idea. Sure, they were filibustering Schumer’s request for Feinstein to be temporarily replaced on Judiciary. But that’s a whole other thing than“Traditionally that’s when the resolution has been changed—when somebody is no longer able to serve,” Cornyn said. “There’s never been a precedent for a temporary replacement, it’s my understanding.
“If she does resign, I would be in the camp of following the precedent of the Senate, replacing the person, consistent with what we have done in the past,” GrahamNow … maybe Graham and Cornyn are big-time liars and would succumb to pressure to keep the Judiciary Committee deadlocked at 10–10 indefinitely. It’s important to understand, though, how substantial a break from precedent this would be—and why it’s not in anyone’s interest to break it.
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