Robert Creamer, Democracy Partners
On Monday, Senator Diane Feinstein indicated she would not continue in the next Congress as the Ranking Democrat on the Senate Judiciary Committee in the United State Senate.
That announcement makes it likely that civil rights champion Dick Durbin will succeed her in this critical post. Durbin is next in line in seniority on the Committee, is popular among members of the Democratic Caucus and – as Democratic Whip – is a skilled vote counter. All of that gives him a likely lock on the position of Ranking Member – or, if Democrats win the Georgia runoffs – Chair of the Committee. He will be taking on a daunting task.
Over the next four years, much of the damage that the Trump Administration has inflicted on our democracy must be remedied by action that involves the Senate Judiciary Committee. The same goes for many of the battles that Progressives must wage to end systemic racism, break up monopolies, end voter suppression and create a tolerant, just society.
And of course, there are the courts. For four years, the Trump Administration has packed the courts with right-wing, pro-corporate judges. The Judiciary Committee will take center stage in the battle to rebalance the courts – a battle that will almost certainly include an effort to rebalance the Supreme Court by expanding its number, term limits, or both.
Durbin’s close relationship with key progressive groups goes a long way to equip him for the battles ahead.
Immigration
He is particularly close to the immigrant rights community. Twenty years ago he introduced the first DREAM Act to give young immigrants who grew up in this country a path to citizenship, and was the first Senator to press the Obama Administration to stop deporting Dreamers and establish the Deferred Action for Childhood Arrivals (DACA) program.
He was also one of the eight Senators who authored the comprehensive immigration reform legislation that passed the Senate in 2013 and died in the Republican-controlled House.
And for the last four years he has led efforts to challenge Trump’s anti-immigrant policies—demanding reports that helped expose Trump’s inhumane actions.
Civil and Human Rights
Durbin is closely allied with the Civil Rights community – holding the first-ever hearing on the civil rights of Muslims in 2011 and a 2012 hearing on far-right extremism. He is the lead sponsor of the House-passed Domestic Terrorism Prevention Act, and one of the lead sponsors of the House-passed Voting Rights Advancement Act to combat voter suppression.
And he is one of the original sponsors of the Justice in Policing Act intended to end the kind of police violence that was so graphically demonstrated by the deaths of George Floyd and Breonna Taylor.
Durbin has a long history of taking on human rights abuses around the world. He sponsored the Genocide Accountability Act, the Trafficking in Persons Accountability Act, the Child Soldiers Accountability Act, the Child Soldiers Prevention Act, and the Human Rights Enforcement Act. And he was the lead Democratic sponsor of the McCain Torture Amendment prohibiting cruel, inhuman and degrading treatment, and the SAFE Act, which was the basis for key privacy and civil liberties reforms to the USA PATRIOT Act.
Not surprisingly, his relationships with the Civil Rights and Human Rights communities are very close.
Criminal Justice Reform
Durbin has led efforts to end mass incarceration and pass comprehensive Criminal Justice Reform. He was the lead Democratic sponsor of the First Step Act of 2018, the most significant criminal justice reform legislation in a generation-- which lowered the unjust sentencing disparity between crack and powder cocaine and was the first law to reduce federal drug sentences since the beginning of the War on Drugs.
Gun Violence Prevention
Durbin is a close ally of the Gun Violence Prevention community. He has made common sense gun violence prevention a trademark issue, is lead sponsor of the SECURE Firearm Storage Act, and a vocal supporter of comprehensive background checks and an assault weapons ban.
Anti-Trust and Economic Democracy
Durbin has been a long-time champion for the rights of workers and is very close to organized labor. He has a 97% lifetime voting record with the AFL-CIO and has consistently battled for labor rights.
Durbin is the lead sponsor of several bills to reform bankruptcy law to better protect the interests of workers, retirees and students, including the Protecting Employees and Retirees in Business Bankruptcies Act and the Student Borrower Bankruptcy Relief Act.
He has always been an arch enemy of monopoly power and extreme tax breaks for big corporations and the wealthy. In 2014 when Walgreens considered moving its headquarters to Switzerland to avoid US corporate taxes, Durbin led the charge. Parodying the company’s advertising tag line he quipped: “Who knew the corner of happy and healthy was in the Swiss Alps?”
Rebalancing the Courts
Durbin has been clear that one of his top priorities on Judiciary will be bold action to rebalance the Federal Courts. And he has the experience to succeed. His skills rounding up Senators to pass or oppose nominations and legislation is without parallel, and he has participated in the confirmation hearings for seven Supreme Court Justices.
All of that experience and skill will be necessary to reverse Trump’s packing of the Federal Courts with right-wing ideologues. It will require a combination of vision, determination and diplomatic skill to assemble the votes to win these battles. No one is better equipped to succeed.
It All Comes Down to Georgia
Whether or not Durbin is Judiciary Chair or Ranking Democrat will depend – in the short term at least – on whether Democrats win two Senate seats in the Georgia Senate runoffs on January 5th.
Durbin’s influence and the power of Democrats to pass progressive legislation and approve progressive nominations all hinge on the outcomes.
Democrats who want Dick Durbin to succeed as Judiciary Chair; who want Joe Biden to succeed as President; who want to create a new progressive, prosperous era in America; need to do everything we can over the next month and a half to help turn out voters in the Peach State.
Robert Creamer, a partner at Democracy Partners, has been a political organizer and strategist for five decades and was a consultant in the last three Democratic presidential campaigns. He is the author of "Listen to Your Mother: Stand Up Straight: How Progressives Can Win." Follow him on Twitter @rbcreamer