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This has fueled some grumbling over whether that’s too much for a senator, although Durbin currently has no challenger for the Judiciary Committee post. The next Democrat online, Sen. Sheldon Whitehouse of Rhode Island, said Tuesday he looks forward to the succession issue being decided by the caucus, adding, “I will respect the caucus decision.”
Durbin is popular in the caucus and may already have the position locked due to his seniority. But some prominent progressives are pushing for Whitehouse to land the job because of his reputation as a political brawler – the latest example of the party fighting for its future in the post-Trump era.
“Nothing personal against Durbin, but with Feinstein stepping down I think it takes new blood and new styles and approaches. Senator Whitehouse could breathe new energy into the committee, ”said Faiz Shakir, who led Bernie Sanders’ presidential campaign and was a key aide to former Democratic leader Harry Reid (D-Nev.).
Adam Green, co-founder of the Campaign for Progressive Change Committee, described Whitehouse as “one of the most strategic and savvy fighters in the Democratic caucus” and said he assumed Durbin “would be delighted if someone as good as Senator Whitehouse plays a leading role. role in the judiciary. ”
Brian Fallon, who heads progressive group Demand Justice, also praised Whitehouse after Feinstein announced his plans. Fallon had called on Feinstein to continue his conciliatory handling of Amy Coney Barrett’s Supreme Court confirmation hearings.
No Democrat on the Judicial Commission has commented on this story, a sign of the sensitivity of the issue. Senate Minority Leader Chuck Schumer (DN.Y.), who previously served on the Judiciary Committee, has not publicly discussed the place beyond Feinstein’s praise.
It is difficult for Senate Democrats to negotiate the issue during the Thanksgiving holiday. But there will likely be a conversation among lawmakers over whether the Party’s No.2 should also head a crucial committee.
“There has to be a discussion,” said Senator Patty Murray (D-Wash.), The 3rd Senate Democrat. “It is clear that we have a lot of great talent in our caucus and voices that need to be heard and used in leadership so that we can be as effective as possible.
Some progressive groups stay out of this. Nan Aron, chair of the liberal Alliance for Justice group, said she would support either Durbin or Whitehouse, describing them both as “pillars”. Meagan Hatcher-Mays, Democratic Policy Director for Indivisible, did not take sides, but said Feinstein’s successor had a heavy task ahead.
“What can’t happen is a throwback to the bad old days where Democrats were playing with an outdated set of rules that were easily exploitable by Republicans,” Hatcher-Mays said.
Durbin is one of the most visible Democrats on issues overseen by the committee, including immigration and criminal justice reform. Vanita Gupta, a senior civil rights official under President Barack Obama who now heads the Leadership Conference on Civil and Human Rights, praised Durbin’s plans to run for the post and called him a “champion of rights. civilians and humans ”.
Several collaborators said Durbin would not have issued a statement on Monday evening announcing his pursuit of the post if he did not already have the backing to win. After all, it is the party’s main voting booth.
“I served on the committee for 22 years, and I am its longest-serving member who currently does not sit on top of any other Senate committee,” Durbin said shortly after Feinstein’s announcement. “We must roll up our sleeves and work to repair the damage of the past four years and protect basic civil and human rights.”
Durbin is a gracious and valued member of the Democratic caucus who enjoys deep relations with Republicans – a precious commodity in a divided government. He is also one of the more talkative senators on Capitol Hill, often engaging at length with reporters on the issues of the day and delivering the party message in his outspoken style. Having served in both the House and the Senate, he knows every nook and cranny of the Capitol; sometimes he leaves his security service behind as he walks the hallways.
Durbin has a long liberal track record, but Whitehouse is a more pugnacious fighter on the Judicial Committee. A former Rhode Island attorney general, Whitehouse is a close ally of Schumer’s and has made attacks on black money in politics his signature issue. If Whitehouse takes the top job, it would increase the likelihood that Democrats would adopt some of the GOP’s radical tactics. Democrats are still bubbling over the GOP blocking a Supreme Court vacancy under Obama and rushing through Barrett days before a presidential election.
Republicans have “set a very clear ‘if we can, we will’ precedent,” Whitehouse said in an interview this month. “If you live by the ‘If we can, we will’ rule, then you’ve lost your position to come back later if ever you’re not in the majority and say to another majority, ‘Yeah, I know. you can, but you shouldn’t. “
Durbin or Whitehouse could become president if Democrats win two rounds of the Georgia Senate on Jan.5. overturn the disproportionate cachet of Senate Majority Leader Mitch McConnell on the courts.
Durbin has already made deals with Grassley, most recently in 2018 on new criminal justice reform law. Taking the lead on the Judicial Committee would also give Durbin his greatest platform yet to pursue immigration reform, a long-standing goal.
As whip, Durbin already has a spacious office on the third floor of the Capitol with great views of Washington, plus a security detail. He has held the position since 2005, an incredibly long journey.
Partly that’s because Democrats treat seniority differently from Senate Republicans, who cap executive positions, presidencies, and full three-term member roles – with the exception of the party leader. When Senator John Thune (RS.D.) won the position of whip in 2019, he stepped down as chair of the Senate Trade Committee.
It is not clear whether Democrats have any desire to reform such rules. And those decisions, including potentially for committee positions, could be postponed until January pending elections in Georgia.
Durbin has faced uncertainty before. In 2016, Murray refused to rule out a candidacy for whip just before the party’s leadership election. And Schumer and Durbin have been embroiled in a long standoff over whether they’ve made a deal to support each other in the top two caucus jobs. Although Durbin failed to reach Schumer by becoming party leader, he retained second place throughout.
Ultimately, Democrats may decide to experience the tension of a committee fight as Biden prepares to take the White House is not worth it. Some outside groups may never be satisfied anyway. The Sunrise movement on Tuesday reiterated its call for Feinstein to resign from the Senate, not just to resign from her post on the Judicial Committee.
Evan Weber, the group’s political director, did not categorically endorse an alternative to Durbin, but called on “Chuck Schumer and Senate Democrats to end the practice of seniority determining committee leadership.”
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