While serving in the House, Chavez-DeRemer cosponsored the PRO Act, which makes it easier for workers to unionize, and Rand Paul (R-KY), a committee member on the Senate’s Health, Education, Labor, and Pensions Committee, already said in January that would not support her.

“I’m not going to support her,” Paul told NBC News in late January. “I’m the national spokesman and lead author of the right-to-work bill. Her support for the PRO Act, which would not only oppose national right to work but would pre-empt state law on right to work — I think it’s not a good thing.”

If Chavez-DeRemer is unable to receive Paul’s vote in the committee, then she will need to win over a Democratic member. If not, she will have to move forward with a not-recommended vote for the Senate to vote on. It is rare for a nominee to be voted in with a not recommended vote by a committee. 

“You can do the numbers,” Sen. Bill Cassidy (R-LA), the chairman of the committee overseeing Chavez-DeRemer’s nomination, told Semafor. “We need a majority. We need somebody else to vote if Rand’s going to vote negative … Rand is a chair of the right-to-work caucus. So once he establishes something, it’s hard to move him off.”

Meanwhile, Democratic members of the committee are frustrated with how the Trump administration is overhauling the federal government and are questioning whether Chavez-DeRemer will be influential in maintaining the purpose of the Department of Labor as Trump and DOGE are seeking to close entire government agencies and conducting mass layoffs of federal workers. 

“I’m a hard no on her,” Sen. Chris Murphy (D-CT) told the outlet. “And it’s not a protest vote. It’s about her character and commitment to the Constitution. She didn’t bow out of this job when she found out Trump was going to force her to act illegally.”

Last month, Democrats boycotted the committee vote for OMB Director Russ Vought, citing the funding freeze from the Trump administration.

“Given the unlawful behavior of OMB this week, Senate Democrats will not move an inch to advance Mr. Vought’s nomination any further,” Senate Minority Leader Chuck Schumer (D-NY) said at the time.

Chavez-DeRemer’s hearing begins on Wednesday. Other members opposed to Trump’s restructuring of the federal government, such as Sen. Bernie Sanders (I-VT) and Sen. Patty Murray (D-WA), are keeping their cards close to their chests, saying they won’t comment on Chavez-DeRemer until the hearing, according to Semafor. 

When it comes to the overall confirmation vote, which requires only 50 votes, Chavez-DeRemer has already received the backing of Sen. John Fetterman (D-PA). 

“Is she controversial now? She was very pro-labor and supported the Pro Act, and I plan to vote yes, until they find a way that she’s controversial and turn it into more drama,” he told Semafor. 

With Fetterman’s support, Chavez-DeRemer can afford to lose the support of four Republicans and still be voted in.