Sen. Dianne Feinsten's (D-CA) absence has put Democrats in a tight spot when it comes to confirming judicial nominees, though, as Senate Minority Leader Mitch McConnell (R-KY) reminded on Tuesday from the Senate floor, this applies to "the small fraction of their nominees who are so extreme, so extreme, and so unqualified, that they cannot win a single Republican vote in committee." Her absence not only threatens those particularly liberal nominees, it also helps protect conservative justices.
In her coverage of the position Democrats find themselves in, Sister Toldjah at our sister site of RedState shared an NBC News report detailing how majority members want to hold a hearing looking into Justice Clarence Thomas over financial disclosures, which he is amending. This comes after a ProPublica report published last week that has been heavily criticized.
New Feinstein wrinkle.
— Sahil Kapur (@sahilkapur) April 18, 2023
Democratic aide says the Judiciary Committee can’t issue a subpoena as part of a Clarence Thomas inquiry; that would require a majority on the panel and Democrats don’t have it without her.
“So that option is out of the question.”https://t.co/IA1NNKVXS8
Sen. Dick Durbin (D-IL), who chairs the Senate Judiciary Committee, is quoted discussing what steps the committee can take, and has "a number of things in mind." Expecting Justice Thomas to testify isn't something he's hopeful about though. "Of course, I would like to, but I don’t think it’s going to happen," he said when asked about speaking with the justice directly.
That's looking even less likely given Feinstein's absence, "out of the question" even, and so it's going to have to be on Chief Justice John Roberts:
A Democratic aide noted that issuing a subpoena would require a majority vote by the committee, which the party doesn’t have with Sen. Dianne Feinstein, D-Calif., out indefinitely on medical leave. “So that option is out of the question,” the aide said.
Durbin said Democrats are putting the onus on Chief Justice John Roberts to “accept the responsibility of the court” to investigate Thomas’ conduct and make “a change in approach on ethics.”
Republicans seem even less likely to go along with subpoenaing Thomas than they do helping Democrats name Feinstein's replacement on the committee. Senate Majority Leader Chuck Schumer (D-NY) had looked to name Sen. Ben Cardin (D-MD) to fill the role by unanimous consent, but was formally blocked by Sen. Lindsey Graham (R-SC), who serves as ranking member on the committee.
Sen. Tom Cotton (R-AR) has been particularly outspoken over Twitter about defending Justice Thomas.
If Justice Thomas were liberal, these groups would be celebrating him.
— Tom Cotton (@TomCottonAR) April 14, 2023
Completely shameless. https://t.co/8IM9w5kWY5
Justice Thomas's only offense is not ruling the way the leftist mob wants.
— Tom Cotton (@TomCottonAR) April 14, 2023
I'm grateful for his character, service, and legacy as one of the greatest Americans in history.
Thank you, Justice Thomas!
Sen. Mike Lee (R-UT) tweeted his support as well. Both are members of the committee.
Harlan Crow—like his friend, Justice Thomas—is one of the most decent, thoughtful, insightful people any person could ever hope to meet. Shame on the media for turning both of them into punching bags for their own amusement and political expediency.
— Mike Lee (@BasedMikeLee) April 19, 2023
Make no mistake: this is defamation. The media gets away with it only because Justice Thomas is a public figure, and under a Supreme Court ruling from 1964, public figures have essentially no recourse when they’re defamed by the media.
— Mike Lee (@BasedMikeLee) April 19, 2023
It's also worth remembering that Sen. Sheldon Whitehouse (D-RI) is on the committee, who is often ranting and raving about the Court. He's given numerous speeches about it, in fact, as he just did for nearly 25 minutes on Tuesday.
We must bring the Supreme Court into alignment with the rest of the federal courts. The highest court should not have the lowest standards. https://t.co/RZ2wc0Vo7g
— Sheldon Whitehouse (@SenWhitehouse) April 18, 2023
The ethics failures at the Court are just one part of a noxious cocktail. It’s fitting that as my Scheme speeches turn 21, we take a look at the ingredients being poured.
— Sheldon Whitehouse (@SenWhitehouse) April 18, 2023
It’s 5 o’clock somewhere, and I’m headed to the Senate Floor. Tune in. pic.twitter.com/J3BKP5umF6
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