9 months ago
64 Julie Su, acting labour secretary, arrives to attest during the House Education and the Workforce Committee proceeding titled "Examining the Policies and Priorities of the Department of Labor," successful Rayburn Building connected Wednesday, June 7, 2023.
Tom Williams | CQ-Roll Call, Inc. | Getty Images
The White House plans to usage a little-known law to support Acting Labor Secretary Julie Su successful the occupation adjacent if she fails to triumph Senate approval, a White House authoritative told NBC News.
"Upon Secretary Walsh's departure, Acting Secretary Su automatically became Acting Secretary nether its integrated statute, not nether the Federal Vacancies Reform Act," the White House authoritative said successful an email. "As a result, Su is not taxable to the clip limits of the Federal Vacancies Reform Act and she tin service arsenic Acting Secretary indefinitely."
Last week, NBC News reported that a instrumentality dating backmost to 1946 allows the lawman labour secretary, to which Su was confirmed by the Senate successful 2021, to "perform the duties of the Secretary until a successor is appointed." Su was elevated to that relation earlier this twelvemonth aft Marty Walsh stepped down. She was besides nominated to regenerate him connected a imperishable basis.
But Su's information for labour caput has since stalled successful the Senate, wherever Democrats power 51 votes and expect unified Republican opposition.
After Sen. Joe Manchin, D-W.Va., came retired against her, the White House called connected him and Sen. Kyrsten Sinema, I-Ariz., who hasn't publically taken a stance, to "reconsider" their positions, implying that she besides opposes the Su nomination.
The White House's determination reflects an effort to navigate a politically thorny concern arsenic President Joe Biden ramps up his 2024 re-election campaign.
Labor leaders and unions powerfully enactment Su, and Biden has promised to beryllium "the astir pro-union president" successful American history. Replacing her with a much corporate-friendly nominee successful pursuit of winning Senate support risks turning disconnected a cardinal constituency without overmuch evident governmental upside.
"The President's enactment for Acting Secretary Su is unwavering," the White House authoritative said.
In April, the Senate Health, Education, Labor and Pensions Committee voted 11-10 on enactment lines to beforehand Su's nomination, but determination hasn't been immoderate Senate enactment since then.
GOP senators person already denounced attempts for the White House to support Su successful her post, dialing up criticism of the nominee successful a confirmation conflict that has lasted respective months.
The apical Republican connected the Senate HELP Committee called connected Biden to formally retreat her information connected Thursday, citing a record-breaking hold successful confirming Su and ineligible questions astir keeping her successful the presumption without ceremonial Senate approval.
"It is my presumption that this usage of the Succession Act violates the law proviso of proposal and consent and would perchance unfastened immoderate DOL enactment nether Julie Su's enactment to ineligible challenges," Sen. Bill Cassidy, R-La., wrote successful a missive to Biden.
"If your medication believes Ms. Su cannot person the indispensable votes for confirmation, past you should rescind her nomination," helium added. "Any attempts to bypass the volition of Congress, particularly its constitutionally mandated proposal and consent role, is unacceptable."
Speaker of the House Kevin McCarthy, R-Calif., echoed Cassidy's calls, writing successful a tweet: "It's wide the lone mode guardant is for President Biden to retreat her nomination."
Senate Minority Leader Mitch McConnell, R-Ky., besides pointed retired connected the enclosure level Thursday that Su's information has spent astir 5 months "in limbo portion Senate Democrats determine whether they tin adjacent muster a party-line confirmation vote."
He added, "American taxpayers person seen capable of Julie Su. When volition Senate Democrats yet determine that they have, too?"
A Senate Democratic adjutant progressive successful the statement pushed backmost connected the GOP criticisms, saying it is "very wide successful the connection of the Vacancies Reform Act that Deputy Secretary Su whitethorn service arsenic Acting Secretary arsenic agelong arsenic her information is pending."
"More importantly, erstwhile the Senate confirmed Su to beryllium Deputy Secretary of Labor conscionable 2 years ago, they virtually gave her a ineligible work to service arsenic Acting Secretary of Labor erstwhile the Secretary resigns until a caller Secretary is confirmed," the adjutant said.
Keeping national bureau officials connected the occupation successful an acting capableness has precedent. Former President Donald Trump kept many department and bureau heads successful complaint contempt a deficiency of Senate approval, without overmuch pushback from Republicans astatine the time.
At his play property league connected Wednesday, Senate Majority Leader Chuck Schumer, D-N.Y., did not accidental whether he'd enactment Su staying connected successful an acting relation if she lacks the votes.
"Look, we judge she is simply a beardown nominee," helium said. "We're trying to bash everything we tin to get her passed, plain and simple."
— Elyse Perlmutter-Gumbiner contributed.
