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Newsom faces difficult task — and rare opportunity — when filling Feinstein’s seat

Sen. Dianne Feinstein speaking alongside then-San Francisco Mayor Gavin Newsom
Sen. Dianne Feinstein with then-San Francisco Mayor Gavin Newsom in 2006.
(Deanne Fitzmaurice / Associated Press)
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The death of California’s venerable Democratic U.S. Sen. Dianne Feinstein turns attention to Gov. Gavin Newsom, who now faces the politically challenging task of appointing someone to fill the seat of his mentor.

Though the moment offers a rare opportunity for the Democratic governor to shape California’s representation at the highest levels of government and deepen his influence on the future of the state Democratic Party, any decision he makes is all but guaranteed to frustrate his allies and leave him vulnerable to criticism from within his own party.

“Newsom is in a pickle here,” said Steven Smith, a professor of political science at Washington University in St. Louis.

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VIDEO | 03:19
Sen. Dianne Feinstein’s death raises question of who replaces her

The Los Angeles Times’ Benjamin Oreskes breaks down how Gov. Gavin Newsom may decide on who will fill the late senators vacant seat and the legacy she leaves behind.

The governor recently reiterated his pledge from three years ago to appoint a Black woman to the Senate if a vacancy opened up.

The 100-member Senate does not include a Black woman, a void left when California’s Kamala Harris vacated her seat in 2021 to become vice president and Newsom tapped then-Secretary of State Alex Padilla to the coveted post.

But Newsom is also under pressure to not stick his thumb on the scale of the hotly contested 2024 U.S. Senate race. Rep. Barbara Lee of Oakland is the only Black woman among several high-profile candidates vying for the seat.

The Democratic governor of California told NBC’s Chuck Todd earlier this month that he would make an “interim appointment” to the position if a seat in the Senate became vacant, signaling his intent to put a temporary caretaker in the role until voters choose a new senator in November 2024.

His comments inspired immediate pushback from Lee and other groups advocating for Black representation in the Senate.

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“Black women deserve more than a participation trophy. We need a seat at the table,” Lee said at the time. “The idea that a Black woman should be appointed only as a caretaker to simply check a box is insulting to countless Black women across this country who have carried the Democratic Party to victory election after election.”

By Friday afternoon, prominent progressive organizations throughout the state had issued statements calling on Newsom to select Lee.

Aimee Allison, founder and president of She the People, an advocacy group that pushes for more women of color to hold elected office, said Black women are the “voting and organizing center of the national Democratic Party.”

“Gov. Newsom should use the full force of his political influence, as he did with the appointment of Senator Padilla, to ensure Black women in California and every state are represented for the long term,” she said in a statement.

Newsom has indicated he has several people in mind, but has not divulged any names.

The governor’s reticence has done little to douse speculation about those potentially under consideration for an interim appointment, a list that includes some of California’s most prominent politicians and influential activists and community leaders, including California Secretary of State Shirley Weber; San Francisco Mayor London Breed; civil rights leader Angela Glover Blackwell; and human rights activist Lateefah Simon, who is running to replace Lee in Congress.

Los Angeles County Supervisor Holly Mitchell and Los Angeles’ Rep. Maxine Waters already have said they are not interested. A representative for L.A. Mayor Karen Bass shot down speculation earlier this year that she might consider the job.

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The appointment gives Newsom another opportunity to leave his mark on the Democratic Party after his time in the governor’s office ends.

After appointing Padilla to fill Harris’ seat in the Senate, he tapped Shirley Weber as California secretary of state and chose Rob Bonta as California attorney general.

In a statement about Feinstein’s death, Newsom called her “a powerful, trailblazing US Senator; an early voice for gun control; a leader in times of tragedy and chaos.”

Sen. Dianne Feinstein survived an assassination attempt and a mayoral recall to become the most popular politician in California for years running.

Sept. 29, 2023

“But to me, she was a dear friend, a lifelong mentor, and a role model not only for me, but to my wife and daughters for what a powerful, effective leader looks like,” Newsom said. “She was a political giant, whose tenacity was matched by her grace. She broke down barriers and glass ceilings, but never lost her belief in the spirit of political cooperation.”

He did not address his deliberations about how to fill the vacancy.

Speculation about whom Newsom would chose to replace Feinstein heightened as her health declined and Californians lost confidence in her ability to serve. Feinstein announced last year that she would not run for another term.

Appointing someone who does not intend to run for the seat in the 2024 election would allow the governor to avoid stepping on the toes of the Democratic candidates vying to replace her and the interest groups backing them.

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“I don’t want to get involved in the primary,” Newsom told NBC earlier this month. “It would be completely unfair to the Democrats that have worked their tail off. That primary is just a matter of months away. I don’t want to tip the balance of that.”

If Sen. Dianne Feinstein retires, Gov. Gavin Newsom said Monday he would nominate a Black woman to fill the seat.

March 15, 2021

Smith said Newsom has to be careful not to “alienate a whole swath of California Democrats” with his decision.

“If he has an interest in the presidency, he wants his whole party in California behind him,” Smith said of the governor’s political future. “And so I can see why he would then want a caretaker, because then he wouldn’t be choosing among the live candidates for the spot.”

Pressure from national Democrats for Newsom to move quickly could be high. Congress is facing not only a government shutdown this weekend, but several major votes this fall, and cannot have California’s Senate seat open for long, Smith said.

“I wouldn’t be surprised if [Senate Majority Leader Charles E.] Schumer is on the phone with Newsom sometime today and saying, ‘Can you do this today or tomorrow,’ and maybe he’ll have a suggestion,” Smith said. “Having a Democrat in that seat is really a high priority, and any delay could be a pretty serious problem.”

Beyond Lee, several other high-profile Democratic candidates have emerged on the 2024 ballot to succeed Feinstein.

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Democratic Reps. Adam B. Schiff of Burbank and Katie Porter of Irvine lead in the polls and the money race.

Former House Speaker Nancy Pelosi (D-San Francisco), an ally to Newsom, endorsed Schiff in February.

Wendy Schiller, an associate professor of public policy at Brown University and expert on the Senate, said if Newsom holds to his plan to appoint a placeholder, that person will be a lame duck and struggle to get anything accomplished.

“If you want a really strong advocate for the state of California for the next year or a year and a couple months, do you really want somebody who’s just a placeholder?” Schiller said. “You know, I mean, I understand you have a lot of seats in the House, but the House is majority Republican. So if you’re California, you probably want somebody who might have an interest in running for the seat for a full term.”

At this point, it would be difficult for Newsom to do anything other than what he promised.

“Changing his mind would make him seem indecisive and cause an uproar as he introduces himself to a national audience,” said Rose Kapolczynski, a Democratic strategist who ran Barbara Boxer’s Senate campaigns.

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