“I’m glad that my friend Dianne is back in the Senate and ready to roll up her sleeves and get to work,” Senate Majority Leader Charles E. Schumer (D-N.Y.) said in a statement. “After talking with her multiple times over the past few weeks, it’s clear she’s back where she wants to be and ready to deliver for California.”
Feinstein initially said in a statement that she hoped to return in late March after receiving treatment for shingles in San Francisco. As the weeks wore on with no return, however, a handful of congressional Democrats began calling for Feinstein, who is a member of the Senate Judiciary Committee, to resign from the Senate.
Her absence has stalled confirmations of some of President Biden’s judicial nominees, given that only judges with some Republican support can move to the floor without her tiebreaking vote on the committee. Her vote could also be crucial in negotiations over lifting the debt ceiling.
Feinstein’s absence also proved a challenge for Senate Judiciary Chair Richard J. Durbin (D-Ill.) as he tried to bring more scrutiny to Supreme Court ethics reform in the wake of reports that Justice Clarence Thomas failed to disclose gifts from billionaire GOP donor Harlan Crow.
“It’s very difficult to chart a course in an evenly divided committee in those circumstances,” Durbin said last week.
With Feinstein’s return, Durbin has the votes to pass legislation through his committee and to issue a subpoena, which he’s said he is considering in the case of Crow.
At one point, Feinstein asked Schumer to temporarily replace her on the committee while she continued to “work from home” and recover from shingles. Senate Republicans blocked the move last month.
Feinstein’s allies, including Rep. Nancy Pelosi (D-Calif.), pushed back on the calls for her to retire and suggested that they saw a sexist double standard in how Feinstein’s absence was treated compared to those of male senators. In recent months, Senate Minority Leader Mitch McConnell (R-Ky.) and Sen. John Fetterman (D-Pa.) were out for weeks for medical reasons.
Though Feinstein has waved off questions about her age and ability to serve, she has also relinquished key roles in recent years. She stepped down as the top Democrat on the Senate Judiciary Committee before the 117th Congress, when she would have been the first woman to lead that committee. And last year, Feinstein declined consideration to become president pro tempore of the Senate, the position third in line to the presidency that traditionally goes to the most senior senator of the party in power. The role instead went to Sen. Patty Murray (D-Wash.).
Feinstein also announced earlier this year that she would not seek reelection in 2024, kicking off a competition among Reps. Adam B. Schiff, Barbara Lee and Katie Porter for her seat.
