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This Article is From Feb 03, 2022

Democrats Get a Harsh Reminder of Fragile Grip With Senator Ailing

Democrats Get a Harsh Reminder of Fragile Grip With Senator Ailing

A health crisis that struck a Senate Democrat starkly illustrates the party's tenuous control of the chamber and is already forcing them to delay votes on some of President Joe Biden's nominees.

Senator Ben Ray Lujan is recovering in a hospital in his home state of New Mexico after suffering a stroke last Thursday. A senior aide said the 49-year-old lawmaker would return to the Capitol in four to six weeks, barring any complications.

Until then, Democrats are left one vote short while they are working to revive talks on a pared-down version of Biden's economic agenda. Lujan's absence dashes whatever small chance Democrats had of getting something passed by the time of Biden's March 1 State of the Union address. They also are shy of support needed to usher through some confirmations that could see unanimous GOP opposition in the coming weeks.

“It's just a reminder that in a 50-50 Senate any unexpected development could be a challenge to our moving forward on an agenda that the Democratic caucus shares,” said Senator Chris Coons, a Delaware Democrat.

The illness of such a relatively youthful senator was a particular surprise in a Senate dominated by lawmakers whose average age is 64. The two oldest Democratic senators in the chamber are Dianne Feinstein of California, 88, and Patrick Leahy of Vermont, 81. Leahy was briefly hospitalized in 2021 shortly after Democrats gained the majority.

Coronavirus Effect

Senate business already has been affected by Covid-19 breakthrough cases. Senate Majority Leader Chuck Schumer last month was forced to delay consideration of voting rights legislation after Senator Brian Schatz, a Hawaii Democrat, tested positive for the virus and self-quarantined. This week, Republican Senators Mitt Romney of Utah and John Hoeven of North Dakota are in self-imposed isolation after testing positive.

Schumer said Wednesday on the Senate floor that said he's “hopeful and optimistic” Lujan recovers quickly.

“In the meantime, the U.S. Senate will continue to move forward in carrying out its business on behalf of the American people,” he said.

Read More: Biden Consults With Key Senators on Supreme Court Nominee

But some more-contentious nominations already are being put off. After Lujan's announcement, the Commerce Committee, of which he is a member, postponed votes scheduled for Wednesday on the nominations of Gigi Sohn to the Federal Communications Commission and Alvaro Bedoya to the Federal Trade Commission.

The continued delay in confirming Sohn means FCC Democrats can't pursue Biden's goal of reinstating Obama-era net neutrality rules, which the president called for in a July executive order on promoting competition.

Another Biden nominee, Robert Califf to head the Food and Drug Administration, also is facing a very narrow path to confirmation. Lujan, a member of the Health, Education, Labor and Pensions Committee, voted to send the nomination to the floor. But five Democrats have announced their opposition. Four Republicans voted for Califf in committee, leaving him at least one vote short for full Senate confirmation while Lujan is out.

In the weeks ahead, the Senate also will be taking up confirmation votes on Biden's five Federal Reserve picks -- including Sarah Bloom Raskin, who is nominated for vice chair of supervision and who faces opposition from some Republicans over her views on the role of the Fed in mitigating climate change.

Court Timeline

Biden plans to make his choice to replace Justice Stephen Breyer on the Supreme Court by the end of the month, with the president promising to put the first Black woman on the court. Biden made clear in public remarks at the outset of the meeting that he's seeking Republican support for his selection.

Senate Judiciary Chair Dick Durbin said after meeting the president on Tuesday that Biden said he expects the Senate to confirm his nominee within about 40 days after naming them. Lujan could be back in the Senate by then, under the timetable his aide cited.

A Schumer spokesperson said Wednesday night that Lujan's illness was not expected to affect the nomination process.   

Democratic senators said plenty of weighty work can continue while Lujan recovers. Senator Chris Murphy, a Connecticut Democrat, pointed to legislation being drafted by senators of both parties that would establish a new package of penalties in response to Russian President Vladimir Putin's aggressive posture toward Ukraine. Schumer on Tuesday said he hopes to move it to the Senate floor soon after it's completed.

“It may be in the short run, we need to find some things that can get Republican support,” Murphy said. “We also have plenty of bipartisan legislation, like the Russia sanctions bill, that are moving pretty, pretty fast.”

Lujan began experiencing dizziness and fatigue last Thursday and checked himself into Christus St. Vincent Regional Medical Center in Santa Fe, according to his chief of staff, Carlos Sanchez. He was transferred to the University of New Mexico Hospital in Albuquerque, diagnosed with a stroke in his cerebellum, affecting his balance, and underwent surgery.

“He is currently being cared for at UNM Hospital, resting comfortably, and expected to make a full recovery,” Sanchez said in a statement Tuesday.

©2022 Bloomberg L.P.

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