CNN anchor Jake Tapper on Sunday used the death of Ruth Bader Ginsburg as rhetorical leverage for why Democrats should force Sen. Dianne Feinstein (D-Calif.) out of the Senate.
Feinstein, 89, has been absent from the Senate for months after being hospitalized with shingles.
Now, Democrats are increasingly calling for Feinstein to retire, arguing her inability to perform her duties is harming Democrats. Specifically, her absence has slowed judicial nominations, though she disputes the accusation.
What happened on CNN?
On “State of the Union,” Tapper asked Senate Judiciary Committee Chairman Dick Durbin (D) about Feinstein’s absence and when it will be appropriate to force her retirement.
“At what point do the tens of millions of voters currently lacking full representation in the Senate from California, at what point do they matter more than the feelings of a colleague whose health has been in question for a long time?” he asked.
Durbin said he hopes Feinstein will return soon, but acknowledged her absence “is a challenge” that is causing a “complicated situation” because Democrats do not have a majority on the Senate Judiciary Committee without her.
That’s when Tapper invoked Ginsburg and abortion rights.
“I mean, all due respect, sir, you and your fellow Democrats were very ginger and very polite when it came to Justice Ruth Bader Ginsburg in not pushing her to retire when you had a Democratic majority in the Senate,” Tapper said. “How did that work out for you? How did that work out for Roe v. Wade?”
In response, Durbin was ginger and polite. He said he did not want to pressure Feinstein, but again admitted the Senate “is affected by her absence.”
Ginsburg was 87 when she died. Many progressives believe her refusal to retire allowed Donald Trump to appoint a third Supreme Court justice — Amy Coney Barrett — ultimately giving conservatives a majority on the court.
The implication of Tapper’s point is clear: Democrats should push Feinstein out because allowing her to remain on the Senate Judiciary Committee or in the Senate itself is hurting the Democratic agenda.
Feinstein could return to the Senate as early as this week, though an official date is not yet scheduled. She is not running for re-election.
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