Effect of DiFi's passing on the Senate (and who will replace her)

[AndyinPA]

https://abc7.com/senator-dianne-feinste ... /13849612/

SAN FRANCISCO -- Senator Dianne Feinstein's remains returned to the Bay Area Saturday night, and was transported to a funeral home in San Francisco by a procession.

The body of the trailblazing politician, was transported to the Sinai Memorial Chapel in San Francisco. Feinstein's remains were accompanied by her daughter, Katherine Feinstein, as well as Congresswoman Nancy Pelosi and the senator's chief-of-staff.

Feinstein was the longest-serving female senator in U.S. history.

I haven't heard of any plans for her to lie in state in DC.

[RVInit]

I like Barbara Lee just fine and her voting record. I live in her district. But I ain't gonna give you no blowback, she's starting to time out. We only get two senators so we need one who can stick around and get seniority and stuff.

I was never a fan of DiFi and the larger machine in which she was a part. Dating back to when she was mayor of SF, but that's off-topic.

The temp worker will be a loyal apparatchik. Padilla is an a loyal apparatchik. Some of my friends like Porter's politics, but she's too portly for the script. I'm rooting for Schiff.

[bob]

California's senior senator is now ... the person who replaced Harris in January 2021 (i.e., isn't very senior).

[bob]

"For completeness," senators must be "inhabitants" of the states they represent.

Inhabitation is determined when the oath of office is taken.

It is relatively easy for someone (rich) to change inhabitation, as it is mostly a question of intent.

[bob]

Santos was cribbing from this article.

"Article 5" was a reference to a draft of the U.S. Constitution.

[Volkonski]

Butler isn't being elected to the Senate. She is being appointed to it. Make any difference?

[raison de arizona]

Butler isn't being elected to the Senate. She is being appointed to it. Make any difference?

Ahem, channeling my inner bob: It depends.

https://reason.com/volokh/2023/10/02/is ... alifornia/

[bob]

https://reason.com/volokh/2023/10/02/is ... alifornia/

I'm not persuaded.

Article I specifies "when elected." But when Article I was written, senators were "elected" by states' legislatures. Because Butler wasn't elected, then the "be an Inhabitant"* requirement must refer to (if at all) when she was selected. So if a narrow definition of "elected" under these circumstances means "before when the governor selected her, and not after," then the governor just has to re-select Butler now that she intends to inhabit California.

The article talks about the difficulties in establishing a domicile (which means the intent to stay), but "domicile" isn't "inhabit."

Regardless, it is all academic because, as the article acknowledges, the Senate is the sole arbiter of a senator's qualifications. The 50-49 Senate isn't going to bounce Butler over this.


* It would appear "inhabitant" was a compromise at the Constitutional Convention because "resident" would suggest someone who resided there. At the time of First Congress, Congress convened in New York; senators resided there (or perhaps New Jersey) for at least part of the year. There was the fear someone would argue residing in New York/Jersey (and later Pennsylvania, once Congress moved to Philadelphia) would unreside senators from other states.

[Ben-Prime]

https://reason.com/volokh/2023/10/02/is ... alifornia/

I'm not persuaded.

Article I specifies "when elected." But when Article I was written, senators were "elected" by states' legislatures. Because Butler wasn't elected, then the "be an Inhabitant"* requirement must refer to (if at all) when she was selected. So if a narrow definition of "elected" under these circumstances means "before when the governor selected her, and not after," then the governor just has to re-select Butler now that she intends to inhabit California.

The article talks about the difficulties in establishing a domicile (which means the intent to stay), but "domicile" isn't "inhabit."

Regardless, it is all academic because, as the article acknowledges, the Senate is the sole arbiter of a senator's qualifications. The 50-49 Senate isn't going to bounce Butler over this.


* It would appear "inhabitant" was a compromise at the Constitutional Convention because "resident" would suggest someone who resided there. At the time of First Congress, Congress convened in New York; senators resided there (or perhaps New Jersey) for at least part of the year. There was the fear someone would argue residing in New York/Jersey (and later Pennsylvania, once Congress moved to Philadelphia) would unreside senators from other states.

That being the case, given that she *does* own CA property (at least according to one article I've read), wouldn't she already be an 'inhabitant' if that term is explicitly separate from 'resident'?

[Volkonski]

Butler to be sworn in at 3 pm EDT today.

[bob]

Butler to be sworn in at 3 pm EDT today.

Taitz has like an hour to file her lawsuit!

[busterbunker]

Forcing Harris to swear in her former campaign advisor is totally Machiavellian. Newsom is angling for the White House, he's sporting an evil grin.

[bob]

Guess Taitz didn't make it to the courthouse in time because Senator-designate Butler was sworn in.

[p0rtia]

Video of Butler being sworn in.

https://x.com/NAACP/status/1709327783363522591?s=20

[sugar magnolia]

She's from the same tiny little town (fewer than 2000 people) that my sister in law is, and she graduated from a local college. I hope she does us proud.

[AndyinPA]

She's from the same tiny little town (fewer than 2000 people) that my sister in law is, and she graduated from a local college. I hope she does us proud.

I think she already has.

[bob]

Feinstein will lie in state at San Francisco's City Hall.

[busterbunker]

Here's some of the dope I'm getting from my community, now that we went full Monty Hall, door number three.

Folks are disappointed Barbara Lee didn't get the temp gig, it should have been hers.

Newsom speaks out of both sides of his mouth. Yeah, breaking news.

He called 8 or 9 black women before one finally accepted. The rest turned him down.

[somerset]

Here's some of the dope I'm getting from my community, now that we went full Monty Hall, door number three.

Folks are disappointed Barbara Lee didn't get the temp gig, it should have been hers.

Newsom speaks out of both sides of his mouth. Yeah, breaking news.

He called 8 or 9 black women before one finally accepted. The rest turned him down.

Who are these folks?

[Foggy]

Without knowing whether that's true or not, I'm glad there were 8 or 9 black women who were qualified, because the one he picked seems pretty impressive to me.

[bob]

Who are these folks?

busterbunker lives in Lee's district (CA-12).

[somerset]

Who are these folks?

busterbunker lives in Lee's district (CA-12).

Now I remember

I've also donated to Schiff, and am happy Newsom appointed who I think is a very capable placeholder for the seat.

[AndyinPA]

https://apnews.com/article/dianne-feins ... f6f063cb04

SAN FRANCISCO (AP) — Mourners streamed into San Francisco City Hall on Wednesday to pay their respects to the late U.S. Sen. Dianne Feinstein, honoring her as fearless, smart and the glue who kept the city together after two political assassinations that catapulted her into the mayor’s office and the national spotlight.

“She wasn’t afraid to do a man’s job. She wasn’t afraid to be a senator. She wasn’t afraid to go after what she wanted,” said Lawanda Carter, 48, of San Francisco. “And that’s encouragement for us women now to have courage.”

Carter was among the scores of everyday San Franciscans and political leaders alike who brought flowers, bowed their heads or clasped their hands in prayer as they stood before Feinstein’s casket, which was draped in an American flag and on display behind velvet ropes. Many said they had never met Feinstein, but wanted to honor an indefatigable public servant who fought to level the playing field for women, members of the LGBTQ community and racial minorities.