This article has been updated to include statements from a Stand Against Su spokesperson.
Sen. Joe Manchin (D-WV), it was revealed on Thursday afternoon, has come out against confirming Julie Su to be the Secretary of Labor. She currently serves as the acting secretary.
In a statement posted to Twitter, Manchin began by saying "I believe the person leading the U.S. Department of Labor should have the experience to collaboratively lead both labor and industry to forge compromises acceptable to both parties," also adding "I have genuine concerns that Julie Su's more progressive background prevents her from doing this and for that reason I cannot support her nomination to serve as Secretary Labor."
My statement on my decision to oppose the nomination of Julie Su to serve as U.S. Secretary of Labor: pic.twitter.com/6utK6u0J78
— Senator Joe Manchin (@Sen_JoeManchin) July 13, 2023
A coalition known as Stand Against Su, which has been vocal in its opposition to the nomination, provided Townhall with a statement commending Manchin "Put simply, Julie Su does not have the competency, skills, or experience necessary for a successful Secretary of Labor, as demonstrated by her record-breaking track record of failure," a spokesperson for the coalition said. "At every opportunity, Su has shown herself to be unfit for the role and a serious threat to workers, freelancers, and business owners across the nation. We commend Senator Manchin for defending American workers by opposing her nomination and encourage Senators on both sides of the aisle to do the same."
Although Sen. Lisa Murkowski (R-AK), had, at one point been considered a possible Republican vote in favor of Su, that was months ago. During Su's confirmation hearing back in April, Republican senators expressed strong concerns, and she passed out of the Senate Committee on Health, Education, Labor and Pensions (HELP) purely on partisan lines.
Among those concerned senators included Sen. Markwayne Mullin (R-OK). Su faced a brutal takedown from the senator, who has also been a small business owner, 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.
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. #SayNoToSu pic.twitter.com/plALOgzfgY
— Markwayne Mullin (@SenMullin) April 20, 2023
When it comes to those concerns about Su's "more progressive background," Manchin certainly isn't alone. Stand Against Su has pointed to her stance on border security and how her "hatred of capitalism is evident in her anti-business rhetoric and record[.]"
Those issues and more came up when Su went before the House Committee on Education & Workforce last month. Members also brought up Su's racist remarks, COVID vaccine mandates, concerns about whether she supported religious freedom, and migrant children being forced into the labor force after she instructed her staff to obstruct ICE agents. Su has been less than forthcoming, though, as Chairwoman Virginia Foxx (R-NC) pointed out in her opening remarks for the hearing examining the Department of Labor.
Other concerns abound, though, especially and including when it comes to Su's support for California's AB 5, which forces independent contractors and freelancers to be treated as full-time workers, particularly since Rep. Kevin Kiley (R-CA) pointed out she misled on her stance on Prop 22, an initiative to do with AB 5.
Julie Su championed and aggressively enforced #AB5 in CA, destroying countless livelihoods.
— Rep. Kevin Kiley (@RepKiley) June 7, 2023
Su actively supports a national version of #AB5, putting millions of jobs at risk.
Now, she's distancing herself from her record and refused to even answer whether #AB5 is a good law. pic.twitter.com/V9k27q6vsL
Today Julie Su absurdly claimed not to remember how she voted on Prop. 22. The initiative, which spared Uber and Lyft from AB 5, passed in 2020 while Su was California Labor Secretary.
— Kevin Kiley (@KevinKileyCA) June 7, 2023
Giving false testimony to Congress should disqualify a nominee.pic.twitter.com/kYgchKFr91
Gabriella Hoffman, a Townhall columnist, has been among those speaking out Su's nomination in the context of AB 5, something she's spoken out against for for years.
.@RepKiley asks Julie Su if she had any involvement in drafting AB5 and she dodges, of course.
— Gabriella Hoffman (@Gabby_Hoffman) June 7, 2023
She claims “I may have expressed support.” Huh? She’s ON THE RECORD expressing support for AB5 since it “fights” misclassification.
I have the receipt pic.twitter.com/EwMwRiRrXT
Su has also come under fire for mismanaging employment fraud during COVID as the Secretary of the California Labor and Workforce Development Agency. "In total, nearly $40 billion was stolen from taxpayers in the form of fraudulent unemployment payments. Su was named in the state audit for her failed leadership which led to this unprecedented failure," Stand Against Su highlighted, also pointing to how such mistakes have led to higher taxes.
Su's confirmation hearing was almost three months ago now. Although Sen. Mark Kelly (D-AZ) on Thursday did come out in favor of Su's nomination, that doesn't mean it's a sure bet. Su can only afford to lose one more vote. As CNN's Manu Raju pointed out, several Senate Democrats "remain non-committal." These include other vulnerable incumbents who, like Manchin, are up for reelection in 2024.
If a lack of support resulted in the withdrawal of Su's nomination, something Republican members have called for, she wouldn't be the only nominee to have been affected.
So far this Congress, three judicial nominations have been pulled, as well as Gigi Sohn 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.
Su would be particularly noteworthy, though, especially because she would be the Biden administration's first Asian-American cabinet member. That the cabinet has yet to include one is a particularly big deal for an administration that prides itself on selecting members based on qualifications such as sex and race.
Reporting from NBC News sought to downplay the lack of support in that Su might not need enough votes, given how she can keep serving as acting secretary, Stand Against Su tweeted out an article from the California Globe highlighting concerns about the legalities raised by Foxx.
https://t.co/Bp7YGetusg
— Stand Against Su (@StandAgainstSu) July 11, 2023
How long can Julie Su remain Acting Secretary?
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