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Feinstein should resign, New York Times Editorial Board says

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The New York Times Editorial Board called on Sen. Dianne Feinstein (D-Calif.) to resign from the upper chamber on Friday if she continues to remain sidelined from Senate business, having been away from Washington since late February due to illness.

The board wrote that despite Feinstein’s distinguished three-decade Senate career, her ongoing battle with shingles that has kept her away from Washington for more than two months is forcing Senate Majority Leader Charles Schumer (D-N.Y..) — to make “a painful choice.”

“If she cannot fulfill her obligations to the Senate and to her constituents, she should resign and turn over her responsibilities to an appointed successor,” the board wrote. “If she is unable to reach that decision on her own, Mr. Schumer, the majority leader, and other Democratic senators should make it clear to her and the public how important it is that she do so.”

The Times added that the call coincides with a stretch where “vital legislation and judicial nominations are hanging on a knife’s edge.” 

The editorial board’s call comes after Reps. Alexandria Ocasio-Cortez (D-N.Y.), Ro Khanna (D-Calif.) and Dean Phillips (D-Minn.) all called for Feinstein to step aside. 

It also comes days after Schumer confirmed to reporters that he spoke with Feinstein on Sunday and that he is “hopeful” that she can return next week. 

Feinstein’s absence has been most acute on the Senate Judiciary Committee where her absence has left Democrats at a 10/10 split and without its usual majority. After the panel canceled three mark-ups during March, it has in the past two weeks advanced eight judicial nominations, including one more on Thursday. 

“The Senate continues to swiftly confirm highly qualified individuals to the federal judiciary, including seven more judicial nominees who were confirmed this week. There has been no slowdown,” Feinstein tweeted on Thursday. “I’m disappointed that Republicans are blocking a few in committee. I’m confident that when I return, we will be able to move the remaining qualified nominees to the Senate floor for a vote.”

As she noted, Republicans have continued to put up a blockade against four nominees for a number of reasons. The most prominent is Michael Delaney, a nominee for the 1st Circuit Court of Appeals, who remains stuck over his handling of a sexual assault case at a boarding school in New Hampshire.

Prior to the Senate’s return from recess in mid-April, Feinstein called on the chamber to temporarily replace her on the Judiciary Committee, a move that would have required GOP cooperation. However, Republicans declined to do so and argued that the committee could continue its business without her. 

Feinstein announced in mid February that she would not seek a sixth term in the Senate. 

The decision not to seek reelection came after years where she has rolled back her responsibilities, having stepped aside as the leading Democrat on the Judiciary Committee after she was criticized for her handling of Justice Amy Coney Barrett’s nomination.

She also declined to take on the role of Senate Pro Tempore, which is third in line for the presidency and typically bestowed to the most senior member of the majority party. Sen. Patty Murray (D-Wash.) instead filled that position.

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