Absentia Protocol

Congressional Calendar

Feinstein

'Feinstein’s return after 10 weeks away from the Senate gives Democrats a better cushion as they navigate their narrow 51-49 majority. She had asked Schumer to temporarily replace her on the Senate Judiciary Committee, where some of Biden’s judicial nominations have stalled without her tie-breaking vote. But Republicans blocked that request last month, giving Democrats few options to move those nominees – and important bills, like a potential debt package – unless she returned or resigned.'

'Feinstein made the unusual request to be temporarily replaced on the panel after pressure from Democrats who are concerned about the judicial nominees and amid some calls for her resignation. Her office had not given a date for her return, creating a headache for Democrats who are hoping to use their majority to confirm as many of Biden’s judicial nominees as possible.'

'She had asked for the replacement after Democratic Rep. Ro Khanna, D-Calif., called on her to resign from the Senate, saying it was “unacceptable” for her to miss votes to confirm judges who could be weighing in on abortion rights, a key Democratic priority.' ~ MARY CLARE JALONICK AND THE ASSOCIATED PRESS | May 10, 2023 at 4:54 PM EDT

'Jim Newell, a reporter for Slate, ran into Feinstein shortly after the 89-year-old lawmaker voted on the Senate floor on Tuesday. When he and another journalist asked Feinstein how she has been received by her colleagues since returning to Washington, Feinstein appeared to insist that she had never left.'

'Her three-month absence from the Senate judiciary committee this year threatened to derail the confirmation of Joe Biden’s judicial nominees, at a time when 9% of district and appellate court seats remain vacant. And while Feinstein has managed to fulfil her committee duties since returning to Washington, questions remain about whether she can effectively govern. A San Francisco Chronicle report last year described Feinstein suffering memory losses and relying heavily on her staff to fulfil job duties.'

'Some fellow Democrats, including the California representative Ro Khanna, have called on her to resign. “Three months is a long time to be absent without any clarity,” he told Politico.' ~ Maanvi Singh and Abené Clayton | Tue 16 May 2023 21.30 EDT

McConnell

'For the second time in just over a month, Senate Republican leader Mitch McConnell appeared to freeze while speaking to reporters.'

'Mr McConnell, who leads the Republican party's narrow minority in the upper chamber of Congress, was admitted to hospital for a week after suffering a concussion and a fractured rib following a fall outside a Washington area hotel in March.'

'He was transferred to a rehabilitation facility and did not return to the Senate until mid-April.'

'After the freezing incident in July, US media reported that Mr McConnell has endured at least three other falls since February.'

'Some Senate Republicans have discussed forcing a "special conference" when lawmakers return to work next week to discuss Mr McConnell's future in leadership, Politico reported on Thursday.'

'Concern over Mr McConnell's health follows questions about the condition of 90-year-old California Democratic Senator Dianne Feinstein, who was absent from the chamber for months after being diagnosed with a severe case of shingles.'

'The average age for members of the US Senate is 65.' ~ Anthony Zurcher and Sam Cabral | 31 August 2023

Pelosi

'Pelosi, who was first elected to the House in a 1987 special election, said the U.S. democracy is “at risk,” which makes the upcoming election “crucial.”

“While we’ve made progress, much more needs to be done to improve people’s lives. Our democracy is at risk because of assaults on the truth, the assault on the U.S. Capitol and the state-by-state assault on voting rights. This election is crucial. Nothing less is at stake than our democracy,” Pelosi said in an announcement video posted to Twitter.'

'Pelosi’s announcement that she will run for reelection comes despite her previous pledge in 2018 that this term would be her last as Speaker after leading House Democrats for the last 19 years.'

'With Democrats facing an uphill battle to keep their House majority after this year’s midterm elections, speculation has grown that House Democrats will replace their old guard of leadership. Pelosi, House Majority Leader Steny Hoyer (D-Md.) and House Majority Whip James Clyburn (D-S.C.) are all in their 80s.' ~ CRISTINA MARCOS AND MYCHAEL SCHNELL | 01/25/22 5:31 PM ET

Nancy Pelosi Confused during Interview. (Good morning, Sunday Morning) ~ Tactical Advisor | Sep 21, 2020

Nancy Pelosi Confused Mumbling (March 2022) ~ StillCloser | Mar 24, 2022

Fetterman

'Democratic Pennsylvania Sen. John Fetterman has missed nearly 83% of Senate roll call votes since checking himself into a hospital to receive treatment for clinical depression last month.'

'According to government watchdog GovTrack, Fetterman has missed 53 of the 64 Senate roll call votes held during February and March. His average falls well beyond the lifetime record for missed votes for all current senators, which stands at 2.3%.'

'Jentleson told the Pennsylvania Capital-Star earlier this month that staff would likely be doing the same amount of work even if Fetterman were physically present in the office, and touted that between a third and half of the staff were policy experts.'

'The votes Fetterman missed include a number of judicial and other nominations, as well as a bipartisan bill that sought to strike down a new Labor Department rule encouraging retirement fiduciaries to consider environmental, social and corporate governance (ESG) issues in their investments.' ~ Brandon Gillespie | Published March 27, 2023 6:49pm EDT

'Sen. John Fetterman (D-PA) returned to the Senate after a monthslong medical absence.'

'The Pennsylvania Democrat was absent from the Senate since mid-February. He had checked himself in to Walter Reed National Military Medical Center for treatment for clinical depression.'

'The Senate Democrat's health struggles have become a point of contention, as his absence from the Senate put the Democrats at a disadvantage.' ~ Brady Knox | April 17, 2023 04:30 PM

Biden and Fetterman ‘sound incomprehensible’ to the average American ~ Sky News Australia | Jun 21, 2023

RBG

'Seasoned litigators and Ginsburg fanatics alike were shocked by Chief Justice John Roberts’ announcement on Monday that Ginsburg would miss oral arguments.'

'News outlets are reporting that Ginsburg will be absent from oral arguments next week as well. Those headlines have caused a flurry of speculation from fan and foe alike, but it is important to put this absence into context of Supreme Court history.'

'While a justice’s absence is not ideal, the court faced a much more dire situation when then-Chief Justice William Rehnquist missed 44 oral arguments throughout the 2004-2005 term while he underwent thyroid cancer treatments.'

'To be sure, a nine-member court is preferable, but the court managed with eight members for nearly 14 months after Justice Antonin Scalia’s sudden passing in February 2016.'

'The main impact was that the court tended to shy away from taking up any new cases raising particularly contentious issues (and, of course, the vacancy had a bit of an effect on the 2016 presidential election).' ~ Elizabeth Slattery | Jan 11, 2019

"I have often said I would remain a member of the Court as long as I can do the job full steam," Ginsburg said in the statement. "I remain fully able to do that."

'Here’s a look back at Ginsburg’s health challenges and recoveries through the years.' ~ Maria Pasquini and Ally Mauch | Updated on July 17, 2020 12:26PM EDT

Thurmond

'The question of Thurmond's competence has also been raised at the Pentagon and in House offices, staffers said. He's an inviting target. Thurmond has been lampooned for years in political cartoons and stand-up comics. They make fun of his orange-tinged hair and a tendency to doze off. That problem, his aides said, was solved when doctors changed the dose of some medication Thurmond takes.'

'Through it all, Thurmond and his aides vigorously deny he's unfit and insist he serves effectively, even in his advancing age. Next year will mark his 40th year in the Senate, the second-longest tenure in the chamber's history, and he is now the Senate's president pro tempore, putting him in line for the presidency behind the vice president and the House speaker.'

'One official with South Carolina ties who saw Thurmond at a recent reception said, ``It's the first time I heard people talk to him like he was an old man. They were talking very slowly, very loudly. Everybody's full of compassion for the senator. They don't want to embarrass the senator.'

'Like all who voiced concerns about Thurmond, the officials spoke only on the condition that they not be identified, reflecting how sensitive the issue is.'

'It's a longstanding reality in Congress that a good staff can make up for a myriad of weaknesses. Thurmond's staff is widely regarded as one of the best.' ~ Knight-Ridder News Service | Feb 11, 1995 :: Updated Jan 25, 2015

Some Various Officeholders

'Four months in the making, Insider's "Red, White, and Gray" series explores the costs, benefits, and dangers of life in a democracy helmed by those of advanced age, where issues of profound importance to the nation's youth and future — technology, civil rights, energy, the environment — are largely in the hands of those whose primes have passed.'

'Grassley is poised to join a fraternity of federal lawmakers who in recent years have continued to serve while growing increasingly frail and in some cases dying in office. They include:

• Democratic Sen. Robert Byrd of West Virginia: died in office in 2010 at 92, having spent more than half of his life in the US Senate

• Republican Sen. Thad Cochran of Mississippi: retired from Congress in 2018 and died in 2019 at 81

"All of that wisdom that he accumulated over his career really informed me and helped me have a very different view than when I first came to Congress with this wide-eyed, going-to-change-the-world, things-in-Washington-are-all-broken viewpoint," the former aide said.'

'George Allen, 70, a Virginia Republican who served in the Senate alongside Byrd, Thurmond, Feinstein, and Grassley, among others, said it was an open secret on Capitol Hill that "certain colleagues weren't up to the task."

'Shapiro framed the warning by listing examples of others he said had tragically lingered too long. Byrd, he said, "became a shadow of himself before dying in office." Thurmond withered into "a joke and an embarrassment." And Feinstein had "tarnished her storied career."

'Critics contend that Grassley, the eighth-longest-serving senator in US history, is risking a lot — particularly his legacy of non-partisan oversight — by extending his six-decade run as a public servant into his 90s.'

'Heye, the GOP strategist, said that what bugged him the most about some older lawmakers staying in office is what he described as a misconstrued sense of entitlement.'

'Though Cochran announced his retirement two years before the end of his seventh term, the reputational damage had been done. An October 2017 article in Politico portrayed the 45-year lawmaker as "frail and disoriented," while a June 2014 report in The Atlantic said that "Cochran's staff moved him from place to place like a prop" on the campaign trail.'

'A former House Democratic leadership aide said that sometimes the threats to older members arise from within. The person, who requested anonymity in order to avoid retribution, told Insider that if older lawmakers aren't careful, they can find themselves boxed in by sneaky handlers.' ~ Warren Rojas | Sep 13, 2022, 5:00 AM EDT

Dementia

'Then on Tuesday, scientists announced that a long-sought blood test for Alzheimer’s disease could be available for use in a few years, a major breakthrough that is expected to speed research into treatments, while also making diagnosis simpler, more affordable and widely available.'

'Today, Alzheimer’s disease and related dementias (ADRD) currently affect over 5.5 million Americans and over 35 million people worldwide. It is expected that the number of cases will continue to increase as the number of people over age 65 continues to increase.'

'According to a recent paper by Dr. James Galvin, a University of Miami professor of neurology who runs a dementia center in South Florida, more than one in eight adults over age 65 has dementia, and current projections indicate a threefold increase by 2050.'

“Dementia is a condition that occurs mostly in older adults, and so when we’re seeing someone over the age of 65, we do these brief tests which gives us a best clinical guesstimate of how they’re doing cognitively, and if a more extensive evaluation is warranted,” he said.'

“In general, the Medicare guidelines for an annual wellness visit suggest part of the visit should include a cognition assessment, but there’s no prescription for how it’s done,” he said. As the coronavirus pandemic laid bare, many members of the House and Senate are quite old, and many also suffer from a variety of physical ailments.'

'President [Ronald Reagan] who was diagnosed with Alzheimer’s disease after he left office. It is possible that some of the early signs of dementia may have been present in the latter part of his second term,” he said. “I mean, it’s hard to know for sure, I was a kid when Reagan was President, but what I remember about him is that he was this dynamic and powerful speaker who commanded the room, and towards the end he seemed different. Things seemed to be happening that he had little control over, such as the Iran-Contra issue.'

“In the case of the President, you have the 25th Amendment that says you can remove the President if he becomes disabled and can’t carry out his duties. But I don’t think there are similar stipulations for Congress … so if someone did a test and it was discovered there was a problem, they don’t have to disclose it. So, there is no solution,” he said. “At that point it’s your personal business and up to you and your family to make the best decision for you.”

“Now, that’s not something to get into here, but the fact is most people in the United States who are diagnosed with dementia are already at a moderate stage of the condition before the diagnosis is made.'

“That’s because there isn’t a level of access to care or readily available systems in place to capture the conditions in their early stages,” Galvin said.' ~ Dan McCue | July 30, 2020