The already fraught nomination of Julie Su for the Secretary of Labor is becoming more and more imperiled. It's been two months since she had her confirmation hearing and passed out of the Senate Committee on Health, Education, Labor and Pensions (HELP) along partisan lines, and there's still been no vote from the full chamber. Sen. Joe Manchin (D-WV) is likely going to vote against her, as he's privately indicated to the White House. He's potentially not the only Democrat who would do so, which could tank her nomination in the closely divided chamber. Republicans are not likely to vote in her favor, and 33 of them have even called for her nomination to be pulled in a letter to President Joe Biden.
Axios obtained a copy of the letter that the lawmakers, led by Sen. Mike Braun of Indiana. As Fox News also reported about the letter, which not only speaks to concerns with Su's background, but also points to the stall as a reason to withdraw her nomination:
"She has avoided answering questions whenever possible and she has refrained from providing distinct specificity to her answers when she has responded to inquiries," reads the letter, which is led by Sen. Mike Braun, R-Ind. "Given this present state of affairs, we respectfully urge you to withdraw the nomination."
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The GOP senators said a lack of cooperation is another reason why Su should be withdrawn. The letter said that Su "refused to be interviewed by HELP Committee minority staff or the staff members representing the Republican senators on the committee, as nominees have traditionally done."
It also highlighted the uncertainty that surrounds the nomination, given that Democrats have not yet called her up for a vote on the floor.
"Despite the nomination of Ms. Su being reported favorably by the committee on a party-line vote on April 26, 2023, and despite the Senate being in session for several weeks since this date, there has yet to be a vote in the full Senate on this nomination. Her track record and unwillingness to provide clarity to her past positions and the actions she would take as Secretary of Labor continue to raise concerns about her nomination," the letter stated.
In addition to Braun and [Senate Minority Leader] McConnell, the letter was signed by Senate GOP Whip John Thune, R-S.D., Senate GOP Conference Chair John Barrasso, R-Wyo., and Sen. Tim Scott, R-S.C., among others.
The letter is putting politely what Republicans on the HELP Committee have been mentioning for months. Prior to Su's confirmation hearing in April, Republican members complained that she did not avail herself to meet with them. She also faced a brutal takedown from Sen. Markwayne Mullin (R-OK), as she couldn't even answer basic questions, though she did confirm she has not had basic experience such as being an employer of a business, something Mullin has had.
If you've never been an employer, balanced a budget, or signed both sides of a paycheck, you have no business being the next Secretary of Labor. #SayNoToSupic.twitter.com/plALOgzfgY
In addition to Manchin, Sen. Jon Tester (D-MT) and Kyrsten Sinema (I-AZ) could tank the nomination. They havet no said how they'll vote. All three are up for reelection in 2024. Brittany Sheehan at our sister site of RedState pointed out how Sinema has collaborated with Sen. James Lankford (R-OK), one of the letter's signatories.
Republicans aren't the only ones who have taken note of Su's nomination stalling. Tester, as Axios quoted, joked to Punchbowl News earlier this month "Are we ever gonna vote on her?"
The White House, as is to be expected, defended Su's nomination. "Julie Su is highly-qualified to be Labor Secretary, was unanimously confirmed as Deputy Secretary of Labor by all Senate Democrats, and has support from business and labor groups across the spectrum," Emilie Simons, a White House spokesperson, told Axios.
While again, such a statement is hardly surprising, there's a lot that's left out. Su would be confirmed for a different role now, a promotion in fact. And, there's plenty of "business and labor groups" that oppose her nomination. Sheehan's article referenced a March 30 letter from 32 business groups expressing their concern that was addressed to the HELP Committee chairman and ranking member.
A coalition known as Stand Against Su also illustrates strong opposition, highlighting issues such as her role in California's unemployment insurance fraud and the resulting higher taxes; her support for California's AB 5 which forces independent contractors and freelancers to be treated as full-time workers; her wanting to eliminate the tipped minimum wage; her stance on border security; and how her "hatred of capitalism is evident in her anti-business rhetoric and record[.]"
Of particular concern is how Su mismanaged employment fraud during COVID as the Secretary of the California Labor and Workforce Development Agency. She also has supported California's AB 5, which forces independent contractors and freelancers to be treated as full-time workers.
Republican Rep. Kevin Kiley, a fellow Californian, has been among those who have spoken out against her nomination at length from the start. He called for the White House to withdraw her nomination last month. He also shared Wednesday's Axios report with his own comments summing up the top concerns with Su's nomination.
It is time for President Biden to withdraw the nomination of Julie Su for U.S. Secretary of Labor. pic.twitter.com/4ENViujjwm
Pressure is mounting for Julie Su to withdraw. We have demonstrated Su:
❌Lost $32.6 billion in taxpayer dollars ❌Improperly denied or delayed 5 million unemployment claims ❌Destroyed thousands of CA jobs ❌Wasn't truthful under oath to Congresshttps://t.co/T2E4BQJ22G
If Su's nomination were to be pulled, she would far be the only nominee.
So far this Congress, three judicial nominations have been pulled, as well as Gigi Sohn for as a nominee for the Federal Communications Commission (FCC). Previously, Neera Tanden's name was withdrawn from consideration for the Office of Management and Budget (OMB) Director in March 2021. David Chipman's name was also withdrawn from consideration in September of that year to lead the ATF. Ed Gonzalez withdrew himself from consideration to lead Immigration and Customs Enforcement (ICE) in July 2022.
Fox News did indicate, though, that she would be "the highest-profile nominee yet."
