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Posted: 2023-09-29T22:40:44Z | Updated: 2023-09-29T22:40:44Z

WASHINGTON The death of Sen. Dianne Feinstein (D-Calif.) means a number of changes in the Senate, one of which is filling her vacant seat on the Judiciary Committee.

Once California Gov. Gavin Newsom (D) appoints Feinsteins successor, Senate Majority Leader Chuck Schumer (D-N.Y.) will need to amend the chambers organizing resolution to add the new senator to the committees that Feinstein served on. These resolutions are typically passed on the Senate floor with unanimous votes and little fanfare.

But Republicans, who have already shown theyre prepared to fight over Feinsteins seat on the Judiciary Committee, could use this moment to play hardball when it comes to President Joe Biden advancing his judicial nominees.

They could object to Schumers resolution.

It would only take one GOP senator to say no to it, which would then require the Senate to pass it by at least 60 votes. That means it would take at least 10 Republicans voting with Democrats (including the three independents who caucus with them) to pass this resolution. If there arent 60 votes to do this, Californias newly appointed senator wont be seated on committees.

It would be a profound break from Senate norms if Republicans went this route. Nobody is saying they will; its still early to know where things are headed, and one GOP leader already suggested he doesnt expect drama around committee seats.

But the fact remains that it is an option. It boils down to how far Republicans are willing to go to stop Biden from confirming his judges. And there is plenty of evidence showing that theyre willing to go to extremes.

In April, GOP senators roared in opposition when Democrats requested temporarily letting another Democrat fill in on the Judiciary Committee amid Feinsteins prolonged absence, due to a battle with shingles. One by one, Republicans specifically rejected doing this because they didnt want to do anything that would help Biden confirm his judges.

I dont think Republicans can or should help President Bidens most controversial nominees, Sen. John Cornyn (R-Texas), a member of the Judiciary Committee, said at the time. This effort to confirm controversial and in many instances largely unqualified nominees, I dont think you can expect any Republican cooperation.

I deeply respect Senator Feinstein, but this is an unprecedented request solely intended to appease those pushing for radical, activist judges, tweeted Sen. Thom Tillis (R-N.C.), also a member of the committee.