In Memoriam

What Dianne Feinstein's death means for control of the Senate and the looming government shutdown

Feinstein's vacant seat is expected to be filled soon

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Sen. Dianne Feinstein, D-Calif., has died at the age of 90, her office confirmed Friday.

U.S. Sen. Dianne Feinstein’s death creates a vacancy in the Senate at a time when her Democrats hold the slightest majority in the chamber.

Feinstein, a centrist Democrat who had represented California since 1992, had medical struggles in recent months that already had prompted questions about whether she’d resign and who might replace her.

California Gov. Gavin Newsom is expected to pick a replacement soon. An election to pick the state's next senator serving a full six-year term is scheduled for next year.

Here’s a look at what Feinstein’s death means for the Senate at a critical time on Capitol Hill:

HOW DOES IT IMPACT CONTROL OF THE SENATE?

Before Feinstein’s death, Democrats held a 51-49 majority. They had control of 48 seats, plus three independent members who generally vote with Democrats.

Until her seat is filled, Democrats will be at least one vote short of a majority as they try to advance their priorities. There are no major votes looming in the Senate that are expected to fall totally along party lines.

HOW WILL FEINSTEIN’S SENATE SEAT BE FILLED?

Newsom, a Democrat, has the power to appoint a replacement for the rest of her term, which was set to end in January 2025.

The race to replace her in the fall 2024 election is already underway, with a primary scheduled for March.

In the meantime, Newsom is expected to select a Democrat to fill the seat.

HOW LONG WILL HER SEAT BE VACANT?

It’s not immediately clear how quickly Newsom will move to pick a replacement. No timeline is set forth in state law.

When then-Sen. Kamala Harris left her seat after being elected vice president in 2020, it went vacant for about two weeks until then-Secretary of State Alex Padilla was appointed by Newsom.

WHO WILL REPLACE FEINSTEIN?

Harris’ departure from the Senate left Black women without any representation in the Senate. Newsom was under dual pressures to name either a Black woman or Latino to replace her, and he chose Padilla, who became California’s first Latino U.S. senator. After that, Newsom said that if Feinstein’s seat became vacant, he’d appoint a Black woman.

As Feinstein’s health challenges intensified, California political chatter of potential replacements included obscure names and famous, including Oprah Winfrey.

Newsom, who is seen as a potential 2028 Democratic presidential candidate, will face pressure to make good on his promise. He could choose one of the candidates running in the primary underway to replace Feinstein, though he has said he will not do that. The candidates include U.S. Rep. Barbara Lee, who is Black, along with Democratic Reps. Katie Porter and Adam Schiff, who both are white.

NBC Bay Area political analyst Larry Gerston discusses the future of California's senate seat currently held by Dianne Feinstein.

Newsom could choose merely a caretaker to hold the seat as a short-term replacement until someone is elected in November 2024.

San Francisco Mayor London Breed, who is Black, shied away from directly answering a question Friday about whether she would consider serving as a replacement if Newsom chose her.

Newsom could also appoint himself, though that is seen as unlikely.

IS THERE ANY IMPACT ON THE LOOMING SHUTDOWN?

The biggest issue Congress is facing is the near-certain shutdown, and there has been overwhelming bipartisan support for Senate spending bills so far.

Still, if Newsom doesn’t appoint a replacement quickly, Senate Democrats could have a more difficult time winning enough votes as they try to keep the government open over the weekend.

It’s unlikely that Senate Minority Leader Mitch McConnell and his Republican caucus in the Senate will suddenly side with House Republicans pushing for a shutdown, but if that were to happen, it could make the votes around a shutdown tougher for Democrats.

Underwood Archives/Getty Images
Dianne Goldman at a high school dance, San Francisco, California, April 23, 1950.
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Dianne Goldman, pictured as a high schooler, is seen with San Francisco mayor Elmer Robinson, San Francisco, California, March 24, 1950. She would go on to become mayor herself before moving on to the U.S. senate.
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Dianne Feinstein, the incoming President of the San Francisco Board of Supervisors, recieves the gavel from John Ertola after being sworn in, Jan. 8, 1970.
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American politician Dianne Feinstein, the first female president of the San Francisco Board of Supervisors, at San Francisco City Hall in San Francisco, California, Sept. 28, 1971.
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Supervisor Dianne Feinstein running for Mayor, Oct. 6, 1971. She would go on to serve two terms before moving on to the U.S. senate.
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San Francisco mayoral candidate Dianne Feinstein, right, campaign in San Francisco, California, Oct. 21, 1971, with her husband Dr. Bertram Feinstein at left. Although unsuccessful on this occasion, Feinstein would later serve as mayor of San Francisco, from 1978 to 1988.
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Dianne Feinstein celebrates in her office after she was elected mayor of San Francisco, at San Francisco City Hall in San Francisco, California, circa 1978.
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Dianne Feinstein, president of the Board of Supervisors, holds a press conference following the killing of Mayor George Moscone and supervisor Harvey milk. Feinstein, who is Moscone’s designated successor, was in her office a few feet away from the shootings. “I heard shots. I heard three,” Feinstein said. At right is Supervisor Carol Ruth Silver.
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San Francisco mayor Dianne Feinstein accepts $1 million from Atari Corp. to the “Save the Cable Cars” fund. She is widely credited for saving the city’s cable cars during her terms as mayor.
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Mayor Dianne Feinstein’s last day in office, Jan. 8, 1988.
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San Francisco Mayor and Dem. gubernatorial hopeful Dianne Feinstein speaks at podium during a campaign stop at Biltmore Hotel, 1990. She would win the Democratic nomination, making her the first female major-party nominee in California's history, but ultimately lose the race to Republican Pete Wilson.
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Dianne Feinstein announces her bid for the U.S. Senate seat held by John Seymour, March 4, 1992, at Delancy Street building.
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Mayor Dianne Feinstein of San Francisco addresses the Democratic National Convention.
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Sen. Dianne Feinstein, D-Calif., and other female members join together at the House Triangle at a press conference to discuss assault weapon legislation on May 12, 1994.
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President Bill Clinton and Senator Dianne Feinstein greet crowds gathered at the former Norton Air Force Base now called San Bernardino International Airport during a brief appearance by the president, May 20, 1994, in San Bernardino, California.
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Sen. Dianne Feinstein (D-Calif.) speaks with reporters outside the U.S. Senate on Jan. 21, 1999, during the sixth day of impeachment trial proceedings against President Bill Clinton.
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FBI Director Robert Mueller, left, greets Senators Patrick Leahy (D-Vt.) and Dianne Feinstein (D-Calif.), both members of the Senate Judiciary Committee, June 6, 2002, on Capitol Hill in Washington, D.C.
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Sen. Dianne Feinstein (D-Calif.) picks up a Chinese-made AK-47 assault rifle during a news conference to urge Congress to extend to the Assault Weapons Ban, Aug. 21, 2003, in Los Angeles, California. Feinstein was a vocal gun-control advocate, often pushing for stricter gun control measures.
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Sen. Dianne Feinstein, left, and California Governor Arnold Schwarzenegger at a Proposition 57 and 58 Endorsement event in Santa Monica, California, Feb. 19, 2004. Schwarzenegger and Feinstein called on voters to vote Yes on the two budget propositions, the first of which will allow the state to issue a a 15 billion USD bailout bond and the second of which will require politicians to balance the budget every year henceforth.
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Sen. Dianne Feinstein (D-CA) officially nominates Senator John F. Kerry for the U.S. presidency during the third session of the Democratic National Convention in Boston, Massachusetts, July 28, 2004.
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Sen. Dianne Feinstein (D-Calif.) holds up the new daily limit of cold medicine allowed for purchase during a news conference with Senate Majority Leader Bill Frist (R-Tenn., right) and Sen. James Talent (R-Mo., left), Dec. 14, 2005, in Washington, D.C.
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Ranking member Sen. Dianne Feinstein (D-Calif.) arrives for a Senate Judiciary Committee hearing concerning firearm accessory regulation and enforcing federal and state reporting to the National Instant Criminal Background Check System (NICS) on Capitol Hill, Dec. 6, 2017, in Washington, D.C.

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Associated Press writer Mary Clare Jalonick in Washington contributed to this report.

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