Feinstein’s Departure

At the time this was written, Dianne Feinstein (D-Calif.) was a Senator in name only. In the not-too-distant future, she might not be a Senator at all. I have written previously that Feinstein has earned the right to step aside on her own terms, but recent news reports have suggested her health may not allow her to complete her current term in office. In addition to the human tragedy, her departure would also create a huge political mess.

Feinstein’s prolonged absence has already caused immense problems for her fellow Democrats, as the Senate has not been able to confirm nearly as many of President Biden’s judicial appointees as they had hoped. 

Feinstein’s prolonged absence has already caused immense problems for her fellow Democrats, as the Senate has not been able to confirm nearly as many of President Biden’s judicial appointees as they had hoped. There is also increasing evidence that the inability of both Feinstein and Pennsylvania Senator John Fetterman to cast votes is delaying other legislative priorities. The pressure on Feinstein to resign her seat is growing from both California and Washington Democrats.

But the one person who might be rooting hardest for California’s senior senator to stay in office is California’s governor. A few years ago, Gavin Newsom told a cable television host that he would appoint a Black woman to replace Feinstein if she stepped down. Newsom’s office indicated last week that the governor still intended to fulfill that commitment, which may put him in an extraordinarily difficult conundrum. 

When Newsom made that promise, he had just selected then-Secretary of State Alex Padilla to fill the remainder of Kamala Harris’ term and received deserved credit for appointing the first Latino Senator in California history. But Harris was only one of two Black women to ever serve in the Senate, and many Californians were outraged that Newsom did not replace her with someone of similar demographic identity. At the time, the governor seemed to have made a low-cost commitment, as well-respected Representatives Karen Bass and Barbara Lee (D-Oakland) would both have been logical choices to replace Feinstein. But Bass is now the new mayor of Los Angeles and Lee is running in a competitive primary for that Senate seat against two other formidable Democratic candidates.

Which leaves Newsom in a very unpleasant and equally unforgiving predicament. If he keeps his promise and appoints a Black woman, he will give that new Senator an immense advantage should they decide to seek reelection. Not surprisingly, supporters of Representatives Adam Schiff (D-Burbank) and Katie Porter (D-Irvine) have already begun putting pressure on Newsom to select a replacement who would not run for another term, which would disqualify Lee. So the challenge for Newsom would be to find another Black woman to appoint and then allow the 2024 campaign to proceed on an even playing field.

The question then becomes what sort of political leader would intentionally derail their own career in exchange for an extremely brief Senate tenure. There is certainly no shortage of qualified Black female officeholders in the state. But most of them – San Francisco Mayor London Breed, Representative Sydney Kamlager (D-Los Angeles), and L.A. County Supervisor Holly Mitchell, to name a few – have the potential for lengthy careers in public office and may not want to trade those longer-term opportunities for such a short time in the Senate.

Newsom may have a few other options available to him. He had previously elevated Shirley Weber to the office of Secretary of State to replace Padilla, and at age 74, Weber could decide that a temporary gig as a U.S. Senator would be an appropriate career-capper. Maxine Waters (D-Hawthorne) has served in the House since 1991, and at age 84, might come to a similar conclusion. Newsom could also reach outside of the political world and tap a business or nonprofit leader. Or he could satisfy another key Democratic constituency and appoint State Senate President Toni Atkins (D-San Diego) as California’s first LGBTQ Senator.

Or, facing growing budget deficits and worsening homelessness and affordable housing crises, Newsom could simply appoint himself to Feinstein’s seat. Such a self-serving decision would undoubtedly anger many important party constituencies. But for an ambitious politician with presidential aspirations, a safe Senate seat might be the best port in this storm.

Dan Schnur is a Professor at the University of California – Berkeley, USC and Pepperdine. Join Dan for his weekly webinar “Politics in the Time of Coronavirus” (www.lawac.org) on Tuesdays at 5 PM.