The Denver Post

Democrats, facing critical Supreme Court battle, worry Feinstein is not up to task

- By Nicholas Fandos

When Sen. Dianne Feinstein of California, the top Democrat on the Judiciary Committee about to plunge into an electionse­ason Supreme Court confirmati­on battle, was asked in the Capitol recently what her strategy would be for the coming fight, she walked by silently, an aide offering that she had a meeting to attend.

As Republican and Democratic senators have taken to television and arranged news conference­s in recent days to lay out the stakes and merits of President Donald Trump’s push to install Judge Amy Coney Barrett on the court, Feinstein has not been among them.

Her absence reflects the extent to which Feinstein, a trailblazi­ng Senate eminence who has battled the CIA and gun- rights activists, has become a diminished and increasing­ly marginaliz­ed figure in recent years. And it helps explain the private worry among many Democrats that the woman leading them into a nationally televised judicial knife fight with Republican­s — one whose outcome could affect the election and tip the ideologica­l balance of the Supreme Court — may not be up to the task.

At 87, Feinstein, the oldest member of the

Senate, no longer walks through the Capitol without an aide at hand and rarely speaks off the cuff, eschewing national television interviews. Her statements to reporters can require after- the- fact correction­s from staff members. Colleagues and Senate aides privately worry she sometimes appears bewildered or disengaged.

Aging is far from a new problem for the Senate, where both parties reward seniority and are reluctant to push their elders aside. Feinstein’s allies insist that she will play her role with dignity and force, and Democrats have quietly put in place plans to keep her at the periphery of the action, leaving public appearance­s to other party leaders and ensuring that she will rarely be called upon to make unscripted remarks. But rarely has someone with Feinstein’s limitation­s been asked to take so prominent a stage in a battle fraught with such political risk.

“What is different here is the heightened

scrutiny and the fact, to a significan­t degree, that everything is on the line when it comes to this nomination,” said James P. Manley, who served as a senior aide to former Sen. Harry Reid of Nevada, who as the majority leader had to manage an aging Robert C. Byrd as chairman of the Appropriat­ions Committee. “The groups want blood. Democrats on and off the committee want a real fight.”

“The question I have,” Manley continued, “is whether that is going to be able to happen with her as the ranking member of the committee.”

This being the Senate, the handwringi­ng has produced little by way of direct action so far. Out of respect, none of her colleagues would state their concerns on the record.

But her critics on both ends of the political spectrum are circling in wait. Progressiv­e activists, many of whom argued that Feinstein botched the brutal 2018 confirmati­on process for Justice Brett Kavanaugh and the 2017 hearing on Barrett’s confirmati­on to an appeals court, have warned that if she stumbles again, they are ready to outright push for her removal.

“This whole process has the potential to provide even further evidence of how Democrats ought to think about making a change in terms of who is running the committee,” said Brian Fallon, a founder of Demand Justice, a group that lobbies Democrats to prioritize the federal courts.

Republican­s, who believe that Feinstein’s handling of the Kavanaugh hearings two years ago helped fire up their base and win them key Senate races, are eager to exploit any of her perceived missteps.

Feinstein found herself uncomforta­bly at the center of that proceeding after it became public that she had received and kept secret for weeks a letter from a California professor, Christine Blasey Ford, accusing Kavanaugh of sexual assault decades earlier. When the letter finally came out, after Kavanaugh’s initial confirmati­on hearings were completed, members of both parties heaped criticism on Feinstein. Liberals said she had suppressed evidence that could have derailed Kavanaugh’s nomination, and Republican­s charged she had coordinate­d an eleventh- hour attack to try to sink it.

This time, Senate Democrats have taken some steps to keep Feinstein on the periphery as much as possible. Sen. Chuck Schumer of New York, the minority leader, has made himself the face of the opposition to Barrett with a barrage of news conference­s, television interviews and appearance­s on the Senate floor. His top deputy, Sen. Richard Durbin of Illinois, a senior member on the committee, recently left progressiv­e activists he addressed with the clear impression that he was prepared to play an outsize role shaping the party’s message in the hearings.

After Politico published an article citing three unnamed Senate Democrats questionin­g whether Feinstein was capable of continuing in her role, Democrats on the committee have stressed they will work as a team. And her defenders say critics confuse Feinstein’s patrician gentility for senility.

 ?? Andrew Harnik, Associated Press file ?? Dianne Feinstein, a California Democrat, speaks in June during a meeting of the Senate Judiciary Committee.
Andrew Harnik, Associated Press file Dianne Feinstein, a California Democrat, speaks in June during a meeting of the Senate Judiciary Committee.

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