Senate Majority Leader Chuck Schumer (D-N.Y). is plotting extraordinary measures to stop President-elect Trump’s agenda on confirming judges and appointing his administration. But he’ll have to decide fast if his No. 2 is up for the job.
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Why it matters: Democrats tell Axios they’re nervous about whether Sen. Dick Durbin (D-Ill.), 79, has the fire to fight Trump nominees as the top Democrat on the Judiciary Committee.
- Schumer’s options include jamming up GOP attempts to adjourn the chamber for Trump to make recess appointments, sources tell us.
- But they can only delay the process as long as Senate Democrats have the energy to keep it up.
- Durbin, who is also the Senate Democratic whip, has publicly mused about his future in the Senate. He’s up for reelection in 2026.
The intrigue: A number of Democrats pointed to Durbin’s age as a major factor.
- Of course, Trump himself is 78 and Sen. Chuck Grassley (R-Iowa), who is set to chair the Judiciary Committee, is 91.
- Durbin was on Judiciary during the first Trump administration, and impressed with his efforts to fight against GOP nominations.
- But Senate Democrats are more prone to remember the late Sen. Dianne Feinstein (D-Calif.) as the top Democrat on the panel. She came under intense fire for not fighting harder against Trump Supreme Court nominees.
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The big picture: Trump has demanded that the next Senate GOP leader allow him to make recess appointments for his administration.
- This would allow Trump to make temporary appointments while the Senate is out of session, and those appointments can stay in the position for up to two years.
- Senate Democrats are compiling ways they could prevent that. One method being floated is filing a string of amendments to any Republican attempt to adjourn the chamber and allow Trump to make appointments.
As for Durbin, his position as both the Senate’s No. 2-ranking Democrat and the top Democrat on the Judiciary Committee has caused angst.
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- Sen. Sheldon Whitehouse (D-R.I.), who in the past has raised questions about leadership members serving in top posts on committees, told Axios he doesn’t know if he will raise those concerns again.
- But Whitehouse said “the valuable positions are concentrated among a very small number of people … other talented people don’t get a shot.”
What they’re saying: Durbin’s deputy chief of staff for communications, Emily Hampsten, told Axios that Durbin “stands ready to continue to lead his colleagues as Ranking Member in the 119th Congress.”
- “Sen. Durbin has successfully led the Judiciary Committee for the past four years as Chair — leading to 214, and counting, lifetime judges confirmed during the Biden administration,” Hampsten said.
- Sen. Peter Welch (D-Vt.), a member of the committee, told Axios that “There’s nobody better than Chair Durbin to lead the charge against Donald Trump.”
- Sen. Tammy Duckworth (D-Ill.) said Durbin “did a remarkable job opposing Trump’s judicial nominees during his first administration and I know Dick can do it again.”
Despite losing his majority last week, Schumer is not expected to face any challenge to his leadership of Senate Democrats.
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- Some intrigue: Sources around Schumer believe Democrats were sunk by a problem at the top of the ticket, evidenced by the party’s Senate candidates out-performing Vice President Harris in every swing state.
- That keeps a Senate majority on the table for Democrats in 2026.
