What happens if Feinstein resigns?

Two House Democrats made the extraordinary move on Wednesday of calling on one of their own party’s most senior figures, Sen. Dianne Feinstein (D-Calif.), to resign over her health. 

Rep. Nancy Pelosi (D-Calif.), the former Speaker, suggested Thursday a double standard was being applied because Feinstein is a woman, noting she has never seen a man in that position face similar calls.

Feinstein, who is 89 years old, herself issued a statement Wednesday night saying her recovery from shingles, which pulled her away from Washington when she began treatment in February, was taking longer than expected.

She also asked Senate Majority Leader Chuck Schumer (D-N.Y.) to move ahead with temporarily replacing her on the Judiciary Committee, where her absence has stalled the confirmation of some of President Biden’s judicial nominations.

Feinstein, California’s first female senator, announced in February that she would not seek reelection but would finish her current term, which would keep her in the Senate until January 2025. 

While she did not directly address the calls for her to step down in her statement Wednesday, Puck News reporter Tara Palmeri tweeted that she is hearing “rumblings” that Feinstein is considering it. 

If Feinstein were to resign, it could change up the race already in progress to determine her successor. 

California Democratic Reps. Adam Schiff, Katie Porter and Barbara Lee have all announced bids for the open Senate seat in 2024. 

If Feinstein resigns before her term ends, California Gov. Gavin Newsom (D) would be responsible for appointing a replacement to serve for the remainder of the term, which would give that person a leg up in the 2024 race. 

Pelosi suggested “political agendas” might be at work in the calls from Reps. Ro Khanna (D-Calif.) and Dean Phillips (D-Minn.) for Feinstein to resign.

Khanna has backed Lee’s bid to replace Feinstein, and Newsom has promised to appoint a Black woman to the seat if the senator resigns before her term finishes. Newsom told MSNBC’s Joy Reid in an interview in 2021 that he had “multiple names” in mind if Feinstein retired. 

If a senator were appointed by the governor, a special election would normally be held at the time of the state’s next election for someone to serve the remainder of the term, but given that Feinstein is up for reelection next year, the appointee would likely serve out the term.

But the decision could be politically difficult for Newsom, given the advantage that will be bestowed up whoever he selects. Lee would fulfill his pledge to appoint a Black woman, but it could rile powerful figures like Pelosi, who backed the more moderate Schiff.

SFGATE, a San Francisco-based news website, noted that Newsom typically stays away from endorsing candidates in races that have Democrats running against each other. Feinstein’s early retirement could force him to break from that stance in a very high-stakes election.

The outlet raised the possibility that Newsom could appoint someone to serve as a “caretaker” who would not run in the 2024 race, though who that might be remains to be seen.