Feinstein’s death forces tough Senate appointment on Gov. Newsom that could upend race for her seat

Newsom under pressure to quickly appoint successor

Gavin Newsom has publicly expressed his dread of the decision he must make.

With the death of Dianne Feinstein, California’s longest-serving senator, on Thursday night, the moment has arrived, forcing the Democratic governor to make a decision complicated by his public promises to appoint a Black woman who isn’t already running for the seat.

“It’s a choice that should have been easy — who among the state’s deep Democratic bench would he like to elevate?” Thad Kousser, a political science professor at the University of California-San Diego, echoed this sentiment. “But the governor’s commitments and comments have made it more complex for him.”

In a statement issued Friday, Newsom expressed his condolences for the death of his “dear friend” and “lifelong mentor,” but made no mention of naming a successor.

When asked on Meet the Press on September 10 about the possibility of filling the seat of California’s ailing, 90-year-old senator, Newsom said, “I don’t want to make another appointment, and I don’t think the people of California want me to make another appointment.”

“That said,” he continued, “it’s my job, my responsibility.” If we have to do it, we will.”

Rep. Barbara Lee of Oakland, the only Democratic Black woman running for Feinstein’s seat, has already chastised Newsom for telling Meet the Press that he’d make a “interim appointment” of someone who “wouldn’t run again” for the seat to avoid getting “involved in the primary.”

“Black women deserve more than a participation trophy,” Lee said shortly afterwards in a statement. She has lagged behind Democratic colleagues. Adam Schiff of Burbank and Katie Porter of Irvine are leading in polls and fundraising, despite the fact that many voters remain undecided.

Our Revolution, a progressive political organizing group founded by Vermont Sen. Bernie Sanders, called on Newsom to “fulfill his promise” by appointing Lee on Friday.

Nolan Higdon, a communication professor at California State University East Bay and political analyst, believes Newsom’s concerns about influencing the primary race for the seat next March are valid.

“He’ll be seen as putting his thumb on the scale in the race,” Higdon stated. “He must tread carefully in his appointment so as not to irritate the party establishment or voters.” He clearly has national ambitions at the same time. He must consider how this decision will affect his long-term goals.”

However, Kousser believes that voters may want a say in whether the Senate appointee is retained.

“If he thinks this appointee is strong enough to represent California in the Senate, why not give voters the chance to make that decision for themselves in 2024?” Kousser explained.

In statements on Feinstein’s death on Friday, Schiff, Porter, and Lee all praised her legacy but said nothing about the race for her seat or Newsom’s pending appointment decision.

With more than a year left in Feinstein’s term and the Senate so divided, her absence will be felt acutely by Democrats until her seat is filled, as it was earlier this year when shingles complications sidelined her for more than two months, delaying several of President Biden’s judicial appointments. Congress is currently deadlocked over spending, which could result in partial government shutdown on Sunday.

Republicans hold 49 of the Senate’s 100 seats, leaving Democrats with 47. However, three independent senators who caucus with Democrats give Democrats a majority, and Harris, who presides over the Senate, can vote to break a tie. Nonetheless, Democratic Senator Robert Menendez of New Jersey has been urged to resign due to bribery allegations.

All of this will put additional strain on Newsom.

“Newsom understands that he needs to make this appointment quickly, not only to give Senate Democrats a needed vote in the shutdown fight, but also to keep the political pressures from becoming too loud and overwhelming the rest of his agenda,” said Daniel Schnur, an analyst who teaches politics at USC, Pepperdine, and UC-Berkeley.

Kousser added that Newsom “knows most members of the Democratic leadership well, both professionally and personally, and so likely has the information he needs to make this choice.”

After former U.S. Sen. Kamala Harris was elected vice president with President Biden in 2020, Newsom appointed Alex Padilla, the former Secretary of State and the state’s first Latino senator.

Despite the fact that Feinstein and many Latinos in California supported Padilla’s Senate appointment, Black leaders chastised Newsom for not appointing another Black woman to replace Harris, who was the only Black woman in the Senate. Among those who criticized the decision was San Francisco Mayor London Breed, who called it “a real blow to the African American community.”

Shirley Weber, a Black woman, was appointed to replace Padilla as Secretary of State by Newsom.

Soon after, the governor promised to appoint a Black woman to replace Feinstein if she failed to complete her term. And the state has a plethora of Democratic women in elected office who would be ideal candidates, including Lee, Weber, and Breed, as well as Karen Bass, the current mayor of Los Angeles.

But that pledge came before the race for Feinstein’s seat began in January, when Porter and Schiff announced their intentions to run for the Senate seat before Feinstein announced she would not run for re-election. Lee entered the race shortly after Feinstein announced in February that she would retire at the end of her term.

According to Newsom, appointing a candidate running for the seat “would be completely unfair to the Democrats who have worked their tails off” in a March 5 primary race that is “just a matter of months away.”

A nominated senator who is not already in the race could file to run for the seat until the filing deadline in December. Experts say a nominee would be unlikely to take the political risk of breaking a promise to the governor.

When the dust settles, Schnur believes Newsom will not pay a high political price for appointing a temporary “caretaker” to the seat.

“Newsom will take some heat,” Schnur predicts. “But in the long run, he’ll still get credit within the Democratic Party for choosing a Black woman.”