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Durbin, Whitehouse in Wings

Democrats Defend Feinstein as She Steps Down From Judiciary Seat

Democrats defended the record of Sen. Dianne Feinstein, D-Calif., this week, after she announced she’s stepping down as top Democrat on the Senate Judiciary Committee (see personals section, Nov. 25). Dick Durbin, Illinois, who's next in line, said he will seek the position while remaining minority whip. Sheldon Whitehouse of Rhode Island, who ranks behind Durbin, said he’s looking forward to a caucus decision.

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Feinstein’s experience, relationship with President-elect Joe Biden and leadership “will continue to be an asset” for the Democratic Caucus, California and the U.S., said Senate Minority Leader Chuck Schumer, New York, in a statement. “I intend to seek the top Democratic position on the Judiciary Committee in the 117th Congress,” Durbin said. Praising Feinstein, he said, “We have to roll up our sleeves and get to work on undoing the damage of the last four years and protecting fundamental civil and human rights.”

Neither Senate Democratic Caucus rules nor precedent bars a member of the leadership team from having a committee's top seat, a Durbin aide emailed: Aside from Schumer, all leadership members have top seats, including six full committee members in Sens. Patty Murray of Washington, Debbie Stabenow of Michigan, Amy Klobuchar of Minnesota, Mark Warner of Virginia, Bernie Sanders of Vermont and Joe Manchin of West Virginia. Former Sen. Harry Reid of Nevada held top seats on various committees and subcommittees while whip 1999-2005, his office said.

Whitehouse looks “forward to the question of succession on the Senate Judiciary Committee being decided by the caucus," he said. "I will abide by the caucus’s decision.” Patrick Leahy of Vermont has seniority over Durbin and Whitehouse, but he's Senate Appropriations Committee vice chair. Whitehouse and Sen. Richard Blumenthal of Connecticut praised Feinstein. “Senator Feinstein has led Judiciary Democrats with dignity and honor,” said Whitehouse. “I appreciate her service as ranking member and look forward to continuing our work together.”

Feinstein said she will turn her attention to two “crucial” issues: wildfires and droughts in California, which “are only getting worse with climate change.” She looked “forward to continuing to serve as a senior Democrat on the Judiciary, Intelligence, Appropriations and Rules committees as we work with the Biden administration on priorities.”

Several Democrats questioned her handling of confirmation hearings for Supreme Court Justice Amy Coney Barrett and some praise she gave Judiciary Chairman Lindsey Graham, R-S.C. She has held the ranking seat since 2017. Chuck Grassley, R-Iowa, who's term-limited as Finance Committee chairman, will return to chair the Senate Judiciary Committee if Republicans retain majority, Graham confirmed this week (see 2011170061).

Expect House Judiciary Committee Chairman Jerry Nadler, D-N.Y., and ranking member Jim Jordan, R-Ohio, to retain top seats, several officials and lobbyists told us. It’s unlikely House Minority Leader Kevin McCarthy, R-Calif., will go back on his deal with Jordan for the Judiciary seat, said a communications industry lobbyist.