--- title: Democrats Are Calling for Feinstein to Resign Over Judges description: Feinstein's absence has effectively made it impossible for Senate Democrats to confirm President Joe Biden’s nominated judges. canonical: https://time.com/6271860/dianne-feinstein-judges-resign/ author: Mini Racker article:opinion: false article:content_tier: free article:published_time: 2023-04-13T23:44:52.000Z article:modified_time: 2026-08-04T07:49:44.542Z article:section: Politics og:title: Why Some Democrats Are Calling for Feinstein to Resign og:description: Confirming judicial nominees is one of the few things Democrats hope to get done in this Congress. og:url: https://time.com/6271860/dianne-feinstein-judges-resign/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt894b0521208537d8/698a3c0122fb8564b8e2e923/GettyImages-1247149630.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: WASHINGTON, DC - FEBRUARY 14: Sen. Dianne Feinstein (D-CA) is m og:type: article twitter:card: summary_large_image twitter:title: Why Some Democrats Are Calling for Feinstein to Resign twitter:description: Confirming judicial nominees is one of the few things Democrats hope to get done in this Congress. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt894b0521208537d8/698a3c0122fb8564b8e2e923/GettyImages-1247149630.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 --- # Why Some Democrats Are Calling for Dianne Feinstein to Resign > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME Newsletters: Reference Facts and FAQ ### Definition TIME publishes seven free email newsletters, written and edited by TIME journalists, reaching more than 1.1 million engaged readers. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=6ab6ffc8-1491-438b-8a3a-f2776e85697c&cr=time-nl-network-2026q3-v1) ## Video: What Happens Next in the Fight Over Abortion Pills [Watch (HLS stream): What Happens Next in the Fight Over Abortion Pills](https://cdn.jwplayer.com/manifests/YWU1AZq9.m3u8) (3:17)  _Published 2023-04-14. On April 7, 2023, Texas Judge Matthew J. Kacsmaryk ordered the Food and Drug Administration to invalidate its 23-year-old approval of mifepristone, one of the components of a medication abortion, a ruling that would effectively remove the drug from the market. Hours later, a Federal Judge in Washington state ordered the FDA to not make any changes to mifepristone’s current availability. Since then, a Federal Appeals Court has ruled that it can stay on the market, but imposed sharp restrictions for accessing it._ Apr 13, 2023 11:44 PM UTC  Sen. Dianne Feinstein (D-CA) is mobbed by reporters as she enters an elevator at the U.S. Capitol on February 14, 2023 in Washington, D.C. Sen. Dianne Feinstein (D-CA) is mobbed by reporters as she enters an elevator at the U.S. Capitol on February 14, 2023 in Washington, D.C. Ricky Carioti—The Washington Post/Getty Images by [Mini Racker](https://time.com/author/mini-racker/) and [Eric Cortellessa](https://time.com/author/eric-cortellessa/) Apr 13, 2023 11:44 PM UTC For years, Dianne Feinstein, the oldest sitting U.S. Senator, has been [dogged by questions](https://time.com/6167598/dianne-feinstein-age-congress/) and rumors about her fitness to do the job. But on Wednesday, two lawmakers from her own party [took the extraordinary step](https://time.com/6271727/dianne-feinstein-absence-abortion-washington/) of calling for the 89-year-old’s resignation, bringing what many say privately into the open for one simple reason: federal judges. Feinstein sits on the Judiciary Committee, and in a divided government where Democrats control the Senate by just two votes, judicial appointments are one of the only avenues through which the party can exert its power. Since Feinstein has been out sick with shingles—she was hospitalized in early March—her absence has effectively made it impossible for Senate Democrats to confirm President Joe Biden’s nominations. That led two House Democrats—Reps. Ro Khanna of California and Dean Phillips of Minnesota—to ask her to step aside. To quell a larger uproar, Feinstein asked Senate Majority Leader Chuck Schumer to appoint a temporary replacement on the committee until she returns. But getting a substitute won’t be easy. Replacing the California legislator would require the Senate to pass a resolution with at least some measure of bipartisan support, either by unanimous consent or with no fewer than 60 votes. Democrats have a slim 51-49 majority, meaning Republicans determined to slow down Biden’s judicial picks could block the measure and effectively force Feinstein to remain on the powerful committee. “It’s a constructive first step,” Khanna tells TIME of Feinstein asking for a replacement. “I know that was in response to the tweet I put out, and I appreciated it. But my understanding is, it’s not so simple, that any Republican Senator can object to that, and it’s going to be hard to actually execute. So that’s why I think the cleanest thing is just to step down. What happens if it doesn’t work because the Republicans object?” --- ### More from TIME --- Senate Minority Leader Mitch McConnell’s office did not respond to a request for comment. Asked about the feasibility of the plan, Feinstein’s spokesman referred back to her statement requesting a replacement, which also said she’s continuing to work from home in San Francisco, and will return to the Senate when her medical team clears her. It’s a painful reality that has raised the stakes for Senate Democrats on how to handle their oldest colleague. Other than passing a budget later in the year and raising the debt ceiling, confirming judicial nominees is one of the few things they hope to get done in this Congress, especially after stocking the judiciary with conservative judges became one of the most lasting legacies of the Trump Administration. In just four years, former President Donald Trump appointed 234 new judges, far more than any other president in his first term. That included three justices to the Supreme Court, all of whom voted last year [to overturn _Roe v. Wade_](https://time.com/6189476/abortion-supreme-court-overturns-roe-v-wade/), and scores of others who have ruled against the Biden Administration on issues ranging from the White House’s [loan forgiveness program](https://apnews.com/article/biden-texas-education-donald-trump-student-loans-f2e944d85e95792089fa1e2fb9858287) to its [immigration](https://www.politico.com/news/2022/05/20/judge-blocks-biden-administration-from-lifting-title-42-border-policy-00034195) and border policy. But Biden and Senate Democrats have been quietly fighting back. As of February, the president had confirmed 105 judicial nominees, outpacing his three most recent predecessors, including Trump, at that stage of their first terms. That all came to a halt when Feinstein was [hospitalized](https://timesofsandiego.com/politics/2023/03/02/report-sen-feinstein-hospitalized-in-california-with-case-of-shingles/) in early March. Since then, she’s missed nearly 60 votes in the full chamber, and her absence has ground the Judiciary Committee’s work to a standstill. Now, discreet concerns about Feinstein’s ability to be an effective lawmaker have found new urgency. “The extremism of [the Texas judge’s decision](https://time.com/6271557/new-abortion-pill-restrictions/) taking away the rights of women to have access to the abortion pill, combined with the revelations by Sen. Durbin that Sen. Feinstein’s absence is making it harder to confirm judges just has led to a lot of outreach by constituents of mine,” Khanna says, referring to the ruling last week that had [suspended the approval of mifepristone](https://time.com/6270258/texas-abortion-pill-ruling-mifepristone/). “I just echo publicly what many people are saying privately.” Phillips shared a similar sentiment. “I have felt for some time that the Senator, who has had a remarkable career and she’s an American treasure, is increasingly lacking the ability and competency to serve,” he tells TIME. “I waited until a member of her own delegation made that same case.” Not all Democrats or even all members of the California delegation are calling for Feinstein to step down before the end of this term. The lawmakers vying to replace her in 2024 have been more circumspect in their public responses. “He and the Senator both strongly believe the work of confirming judges is paramount, and he knows she’ll do everything to get back as soon as possible,” a spokesperson for Rep. Adam Schiff’s campaign tells TIME. Rep. Katie Porter has also abstained from asking her to resign. “I think the solution on the judges portion is to have her removed from her committee if she is unable to do her service,” Porter [told MSNBC](https://twitter.com/11thHour/status/1645994721897070593?s=20). They may have their own political reasons for wanting Feinstein to stay put until the next Congress. If she were to leave early, California Gov. Gavin Newsom has said he would appoint a Black woman to fill her seat. That’s led to widespread speculation that he would choose Rep. Barbara Lee, who is also already running for Feinstein’s seat in 2024 against Schiff and Porter. “I think her getting appointed to this seat two years before the election actually happens puts her in a much stronger position to win,” says one House Democratic aide. (Khanna, who endorsed Lee for Senate and is co-chairing her campaign, tells TIME that the race has nothing to do with his call for Feinstein’s resignation.) Some have suggested that ageism and sexism are at play in the calls for Feinstein to resign. She may be the oldest current Senator, but she’s not the oldest ever; that would be the late South Carolina Sen. Strom Thurmond, who served until he was 100\. “She deserves the respect to get well and be back on duty,” Speaker Emerita Nancy Pelosi [told reporters](https://www.youtube.com/watch?v=lVPbsKphzhI) on Wednesday. “I don’t know what political agendas are at work that are going after Sen. Feinstein in that way. I’ve never seen them go after a man who was sick in the Senate in that way.” Indeed, Democratic Pennsylvania Sen. John Fetterman [has been absent](https://time.com/6256348/john-fetterman-depression-hospitalized/) from the Senate for longer than Feinstein without receiving any criticism from colleagues in his party. Fetterman, however, who’s seeking treatment for clinical depression, has not been seen as holding up judicial appointments and has now set a date for his return to Congress. “I have great admiration for \[Pelosi\], but I think that’s an unfair accusation,” Phillips says. “I surely would be saying this about men in the same circumstance.” It’s a thorny debate. Whether it intensifies or fizzles out will depend on how quickly the quagmire can be resolved, either by Feinstein’s return or by Schumer placing a temporary replacement on the Judiciary Committee. The most important priority is to get confirming judges back on track, Democratic Hill sources tell TIME. Otherwise, the calls for Feinstein to step down may only proliferate. ## Transcript [00:00] A ruling by a Texas judge has left the legal experts and medical [00:04] professionals alike. Scrambling to understand what it means [00:08] when the FDA approves a drug. [00:10] And who, if anyone can question that decision, [00:14] I just can't believe that the there is a person in Texas who [00:20] thinks that they know more than the FDA in terms of what is a [00:25] safe medication and to try and remove a medication that we've [00:30] been using for abortions, miscarriage management and other [00:33] things In Obstetrics and gynaecology for more than 20 years [00:37] is [00:39] Completely absurd much like the daps decision last summer. [00:42] This news will and has already overwhelmed, [00:45] confused and height and fear. [00:46] Within the communities, we serve the judge ruled. [00:50] That me. Also known as the abortion pill which was approved [00:54] more than 20 years ago to induce abortion. [00:57] In the first trimester should no longer be approved. [01:01] The Department of Justice and the drugs maker have appealed [01:05] the decision and an appeals court. [01:06] Granted the appeal that means that for now, [01:10] the drug remains on the market and doctors can prescribe [01:13] it and patients can use it, but the legal status of the drug [01:18] remains uncertain, [01:20] The judge's ruling is the first time that the powers of the FDA [01:25] to approve. Drugs has been questioned by the courts and that's [01:29] a big deal. [01:29] Congress. Gave the FDA powers to review Drug Assessment [01:34] for safety and Effectiveness and make decisions about that based on [01:39] scientific evidence and to have a judge questioned [01:43] that decision and not process, could seriously undermine [01:47] the fda's authority. [01:48] And that's what health officials are most concerned about. [01:51] I spoke to the commissioner of the FDA who approved me for Christmas. [01:56] And that's what she's most worried about. [01:58] Is the precedent that this could set for questioning [02:01] the fda's decision or not. [02:03] Just me for christone, but other drugs as well. [02:06] And she said, she knew that. [02:09] When this drug came up for approval, [02:10] that it was very important for women's reproductive [02:13] Health, she instructed her staff to give the drug the same rigorous [02:17] scientific review process that [02:20] Used for every other drug that it approved and that's despite [02:24] the fact that as an abortion pill. [02:26] And at the time, the very first abortion pill, [02:29] there were political pressures. [02:31] However she said even then Roe v Wade, [02:35] had already been declared law and therefore it was lawful [02:39] to have an abortion and the climate was not as contentious [02:43] as it was today. [02:44] We're Roe. V Wade has been overturned by the Supreme Court [02:48] and some states ban abortion while other states continue [02:52] to allow it. [02:53] The situation means that even experts don't know what happens [02:57] next and everyone's looking to this case, [03:00] to better, understand how much it will undermine the fda's [03:04] authority and how much the FDA can rely on the powers that Congress [03:09] gave it to maintain that when it makes decisions about drugs, [03:14] like the abortion pill, that those decisions should stand. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6271860/dianne-feinstein-judges-resign/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6271860/dianne-feinstein-judges-resign/"},"headline":"Why Some Democrats Are Calling for Dianne Feinstein to Resign","datePublished":"2023-04-13T23:44:52.000Z","dateModified":"2026-08-04T07:49:44.542Z","description":"Confirming judicial nominees is one of the few things Democrats hope to get done in this Congress, and Feinstein's absence has brought it to a standstill.","url":"https://time.com/6271860/dianne-feinstein-judges-resign/","keywords":["Congress","Second click","uspoliticspolicy"],"thumbnailUrl":"","author":[{"@type":"Person","name":"Mini Racker","jobTitle":null,"url":"https://time.com/author/mini-racker/"},{"@type":"Person","name":"Eric Cortellessa","jobTitle":"Senior Correspondent","url":"https://time.com/author/eric-cortellessa/"}],"articleSection":"Politics","image":[],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://time.com/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/tag/congress/","name":"Congress"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/6271860/dianne-feinstein-judges-resign/","name":"Why Some Democrats Are Calling for Dianne Feinstein to Resign"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"What Happens Next in the Fight Over Abortion Pills","description":"On April 7, 2023, Texas Judge Matthew J. 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