California’s Newsom Faces Tough Question: Who Would Replace Feinstein?

Despite calls from within her own party to resign, Feinstein, who turns 90 next month and is the oldest member of Congress, has given no indication that she is considering stepping down.

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Sen. Dianne Feinstein (D-Calif.) looks on during a Senate Judiciary Committee meeting on Capitol Hill May 18, 2023. At left, committee Chair Dick Durbin (D-Ill.) is seen. (Francis Chung/POLITICO via AP Images)

By MICHAEL R. BLOOD, AP Political Writer

LOS ANGELES (AP) – U.S. Sen. Dianne Feinstein’s ongoing medical struggles have
raised a sensitive political question with no easy answer: Who would California
Gov. Gavin Newsom pick to replace her if the seat becomes vacant?

Despite calls from within her own party to resign, Feinstein, who turns 90 next
month and is the oldest member of Congress, has given no indication that she is
considering stepping down. Her frail appearance, confused interactions with
reporters in Washington and the growing list of health challenges disclosed by
her office continue to fan questions about her fitness for the job – now and
into the future.

Should a vacancy occur, a range of names, from obscure to famous – including
Oprah Winfrey – have been floated in California circles as possible replacements.
Newsom, who is mentioned as a possible future presidential contender, would
also have to deal with political complexities, some of his own making: In 2021
he promised to appoint a Black woman should Feinstein’s seat become open.
Meanwhile, a 2024 Senate campaign is underway to fill the seat when the
senator’s term ends in January 2025.

The situation has created a sad, public coda for the groundbreaking career of a
Democratic leader who shattered gender barriers in California and Washington.

Here’s a look at what could happen:

WHAT IS THE STATUS OF FEINSTEIN’S HEALTH?

In short, much is unknown.

Feinstein returned to the Senate on May 10 – about 10 weeks after being
diagnosed, then briefly hospitalized, with shingles in San Francisco. On her
return to the Capitol, she was markedly thinner and one side of her face was
drooping, apparently from Ramsay Hunt syndrome, which can occur when the
shingles virus reaches a facial nerve near the ears. It also can cause hearing
loss.

On the advice of doctors, Feinstein’s staff say she is working a lighter
schedule as she deals with side effects from the virus, including vision and
balance problems. She has been using a wheelchair to get to her office and
committee meetings.

Questions have been raised in recent years about Feinstein’s memory and mental
acuity, though she has defended her effectiveness. Since her return to
Washington, she has at times appeared confused during brief discussions with
reporters. Her office also disclosed she suffered a bout of encephalitis, or
inflammation of the brain, which can also be caused by shingles.

Feinstein’s biographer Jerry Roberts told the Los Angeles Times in an interview
published Sunday that the senator has “a belief in herself to the point of
stubbornness, where nobody is going to tell her what she can or cannot do. She
has tremendous belief and confidence in her own strength and her own ability.”

NEWSOM’S PROMISE: ELEVATING A BLACK WOMAN TO SENATE

When California Sen. Kamala Harris resigned to become vice president, Newsom
faced pressure from both Black, Latino and other groups over a replacement pick.
Some felt that he should replace Harris, the only Black woman in the U.S. Senate,
with another Black woman. But others thought it was past time for California to
have its first Latino senator, and Newsom chose then-Secretary of State Alex
Padilla for the job.

But he later promised that if Feinstein’s seat became vacant, he would choose a
Black woman to replace her. Should Feinstein step aside, he’ll be expected to
make good on the promise.

“He made the commitment and I do not believe there is any wiggle room for the
governor not to honor his commitment,” said Kerman Maddox, a Los Angeles-based
Democratic strategist and fundraiser who is Black.

“Newsom must honor his promise to appoint a Black woman” if Feinstein resigns,
said Democratic Assemblymember Lori Wilson, who heads the Legislative Black
Caucus in Sacramento. ”I trust him at his word. We currently have zero Black
women in the Senate, so if the opportunity becomes available the governor must
act to help remedy this lack of representation.”

Claremont McKenna College political scientist Jack Pitney pointed out that any
presidential ambitions that Newsom might harbor would be damaged if he backed
away from his promise to name a Black woman, noting that the candidate favored
by Black voters has won the Democratic Party’s presidential nomination for every
cycle since 1992.

“The last thing you want to do if you are thinking about running for president
is alienating the nominating wing of the Democratic Party,” Pitney said.

WHICH WAY TO TURN – CARETAKER OR CONTENDER?

In filling a Senate vacancy, Newsom has the authority to name a successor. He
could even pick himself, though that is unlikely. State rules dictate when an
election would have to be held.

Newsom’s choices all run risks.

He could get entangled in the ongoing Senate campaign and choose one of the
declared candidates to fill a Feinstein vacancy.

Another option would be to select a caretaker, and then leave it to voters to
decide in next year’s election – someone who would hold the seat but is not a
Senate candidate. That’s where names like Winfrey come up – a celebrity who is
Black and happens to meet Newsom’s appointment pledge. However, Newsom also
might find it challenging to land on someone willing to take a short-term
appointment.

If he picked one of the declared Senate candidates, Newsom would unsettle the
growing field and elevate that person to frontrunner status. U.S. Rep. Barbara
Lee, who is Black, is already running against fellow Democratic Reps. Katie
Porter and Adam Schiff, who both are white.

Lee “is far and away the most qualified African American woman to replace Sen.
Feinstein if a vacancy becomes available,” Maddox said.

In a recent interview with Fox 11 TV in Los Angeles, Newsom said he was being
swamped with recommendations for how to fill a possible Senate vacancy. He calls
Feinstein a mentor and one of his closest friends, and said he was hoping he
never had to make a decision to fill her seat.

He noted that the primary was quickly approaching in March, and added that he
was sensitive to criticism that voters should be picking their elected officials,
hinting that he might choose a caretaker to hold the spot, if one occurs.

“I get it. For those who say, ‘Enough of Newsom making these picks!’ I get it.
I’m with you. I understand,” he said.