In a closed-door vote whose tally was not publicly released, Democrats voted to allow Durbin, 76, to hold both jobs, according to four officials familiar with the result who spoke on the condition of anonymity because they were not authorized to comment publicly.
Democratic senators also voted to reject a six-year limit on committee leadership posts, preserving the caucus’s long-standing seniority system, while also placing restrictions on the committee postings for the top two leaders, the officials said.
While Durbin has not formally been selected as the Democrats’ Judiciary Committee leader, the seniority system all but ensures he will assume that position. Two runoff elections in Georgia on Jan. 5 will determine what party holds the majority in the Senate — and whether Durbin is the panel chairman or ranking Democrat.
Under the rule change, he will have to give up another powerful position — as the top Democrat on the Appropriations subcommittee on defense, which directs hundreds of billions of dollars in Pentagon spending each year.
The new rule holds that the top party leader may not lead a committee, while the whip may hold only one committee leadership post. Minority Leader Charles E. Schumer (D-N.Y.) does not lead any committees.
A spokeswoman for Durbin declined to comment Wednesday. Durbin had offered to relinquish his appropriations post ahead of Wednesday’s votes in a bid to tamp down the discontent.
The reassessment of caucus rules was prompted by the decision last month of Sen. Dianne Feinstein (Calif.) to relinquish the top Democratic seat on the Judiciary Committee, a post that commands significant attention and power in overseeing judicial nominations and other key issues.
Feinstein’s handling of the Supreme Court nomination of Justice Amy Coney Barrett in October prompted grumbling from many on the party’s left who wanted a stronger effort to block, or at least protest, President Trump’s nominee to replace the late Justice Ruth Bader Ginsburg.
Durbin has the most seniority on the panel behind Feinstein. But a younger generation of Democratic senators bristled at the prospect of a 23-year veteran and top leader appearing to hoard more power while other senators remain toiling in the rank-and-file for a decade or more.
Some pushed for third-term Sen. Sheldon Whitehouse (D-R.I.), 65, to claim the Judiciary post instead, and Whitehouse did nothing to disclaim the effort. That sparked a larger conversation about turnover inside the Senate Democratic ranks, including a push to move to a term-limit model similar to the one used by House and Senate Republicans.
A spokesman for Whitehouse did not respond to a request for comment.
While the term limits were rejected, the younger members did notch a partial victory: Another new rule adopted will make it harder for leaders of major committees to also hold subcommittee leadership posts, which could offer more opportunities for younger members.
“No Member who is a chair or ranking member of any [major] committee shall be permitted to select a chair or ranking member position of any subcommittee until all Members of the Conference have had an opportunity to select one chair or ranking member position for a committee on which they are a member,” reads the new rule, a copy of which was provided by a Democratic aide.
Seung Min Kim contributed to this report.
