Biden’s labor secretary nominee Julie Su might bypass Senate confirmation.

Julie Su’s Nomination for Labor Secretary Faces Opposition in the Senate

Julie Su, President Joe Biden’s nominee for secretary of the Labor Department, is currently in a state of limbo as her nomination encounters opposition from both sides of the aisle in the Senate.

Su is currently serving as the acting labor secretary, a position she assumed after being confirmed by the Senate in 2021 along party lines. According to federal law, she can continue to operate in this capacity without any specific time constraints.

A law from 1946, which was later amended in 1986, does not specify a time frame for the assumption of the labor secretary role. The law states that the department’s deputy secretary should “perform the duties of the Secretary until a successor is appointed.” It also allows the deputy secretary to act as the secretary in case of absence or sickness.

In February, Biden nominated Su, the former head of California’s Labor Department, to replace Marty Walsh, who left the administration to take up a position at the National Hockey League Players Association. However, Su’s path to confirmation remains uncertain due to widespread opposition from Republicans.

Republicans have raised concerns about Su’s record as California’s labor secretary, particularly her handling of the state’s unemployment insurance system during the pandemic. The Employment Development Department in California admitted to paying out billions of dollars to scammers, with Su acknowledging the lack of sufficient security measures to prevent such fraud.

Although Democrats hold a majority in the Senate, with 51 out of 100 seats, some party members have not yet indicated whether they will vote to confirm Su or not. Senators Jon Tester (D-MT) and Kyrsten Sinema (I-AZ) have yet to publicly declare their positions on Su’s nomination.

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Senator Joe Manchin (D-WV), who had previously avoided taking a public stance, recently announced his opposition to Su’s confirmation. He cited a “genuine concern” regarding her progressive ideology.

While most federal roles are regulated by the Vacancies Act of 1998, which limits temporary appointments to 210 days, Su’s position falls under different guidelines set by the Labor Department. Therefore, the lack of Democratic support may not pose a threat to her role.

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