Acting labor secretary Julie Su’s nomination returned to the White House on Wednesday as the Senate adjourned the first session of the 118th Congress, forcing President Biden to renominate her in the new year.
“We need a qualified Secretary of Labor who can fairly enforce the law, properly manage the department, and avoid partisan activism. Ms. Su has failed to demonstrate her ability to do any of those three things,” Sen. Bill Cassidy (R-La.) said in a statement.
“It is clear Ms. Su lacks the necessary votes for confirmation. I urge President Biden to put forward a candidate who is committed to the fair enforcement of our nation’s labor laws and capable of being confirmed in the Senate.”
Former Labor Secretary Marty Walsh resigned in February to run the National Hockey League Players Association, removing Su from his deputy post and leading to a prolonged battle with Senate Republicans and Sens. Joe Manchin (DW.Va.).
Acting labor secretary Julie Su’s nomination was returned to the White House as the Senate adjourned for the first session of the 118th Congress on Wednesday. Los Angeles Times via Getty Images President Biden must now consider whether to renominate him in January or choose another official to lead the Department of Labor. AP
The White House said in a statement that Su “will be re-named Secretary of Labor in the new year.”
“Because he has been confirmed by the Senate as Deputy Secretary of Labor, he can continue to serve as Acting Secretary of Labor, where he has performed admirably, and we urge the Senate to take swift action to confirm him as Secretary,” a White House spokesperson told The Post.
On July 20, Senate Republicans called on Biden, 81, to withdraw his choice to lead the Labor Department after he failed to pass a confirmation vote for 126 days.
Cassidy wrote in the letter that Su could serve “indefinitely” at the agency even though she has not been confirmed.
“If your administration believes Ms. Su cannot receive the necessary votes for confirmation, then you should cancel her candidacy,” he said. “Any attempt to circumvent the will of Congress, especially its constitutionally mandated advisory and consent role, is unacceptable.”
On July 20, Sen. Bill Cassidy (R-La.) and other Republicans called on Biden, 81, to withdraw his choice to lead the Labor Department after he failed to pass a confirmation vote for 126 days. Pool/Sipa USA
Under the Federal Vacancy Reform Act of 1998, Su can only legally serve in an acting capacity for 210 days.
His service spans the longest period a Cabinet-level official has avoided confirmation when the same party controls both the Senate and the White House, 281 days in total.
However, the Government Accountability Office in September released a report on the limits of Su’s acting powers, which was requested by House Education and Workforce Committee Chairman Virginia Foxx (R-NC).
Su’s service spans the longest period a Cabinet-level official has avoided confirmation when the same party controls both the Senate and the White House, 281 days in total. AFP via Getty Images
The report found that Su was “lawfully serving as Acting Secretary” and “that the Vacancy Act’s time limit for acting service does not apply” to him.
Manchin last summer said he opposed Su to head the Labor Department because of his “progressive” bona fides.
“I believe the person leading the US Department of Labor should have the experience to lead both labor and industry collaboratively to forge a compromise acceptable to both parties,” he said in a statement.
As California’s labor secretary, Su oversaw $31.4 billion in payments to fraudsters through the state Department of Employment Development. The Washington Post via Getty Images
“While her qualifications and credentials are impressive, I have real concerns that Julie Su’s more progressive background prevents her from doing this, and for that reason, I cannot support her candidacy to serve as Secretary of Labor.”
Others like Senate Minority Leader Mitch McConnell (R-Ky.) drew attention to his previous role as California’s labor secretary, where he oversaw $31.4 billion in payments to fraudsters through the state Department of Employment Development.
He also delayed pandemic COVID aid payments to about 5 million residents — and wrongfully denied them to 1 million others — while serving as California’s chief labor officer, a nonpartisan report from the state legislature found.
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