Julie Su, President Joe Biden’s nominee for secretary of the Labor Department, has faced opposition in the Senate across party aisles, leaving her nomination in limbo.
Su is currently serving as acting labor secretary after being confirmed in the Senate in 2021 along party lines, and federal law states she could continue to operate under that title, as there are no specific time constraints on how long one can serve in that capacity.
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A law from 1946, which was then amended in 1986, does not outline a time frame in which a labor secretary must assume the role. The law states the department’s deputy secretary should “perform the duties of the Secretary until a successor is appointed.” It also states that if the secretary is absent or gone due to sickness, they can “perform the duties of the Secretary until such absence or sickness shall terminate."
The former head of California’s Labor Department was nominated by Biden in February to replace Marty Walsh, who was confirmed in March 2021 but left the administration to accept the position of executive director at the National Hockey League Players Association.
Su’s path to confirmation remains uncertain, as Republicans have widely opposed Biden’s selection, citing her record as California’s labor secretary while handling the state’s unemployment insurance system throughout the pandemic. California’s Employment Development Department has since admitted that billions of dollars were paid out to scammers, with Su saying that the state lacked “sufficient security measures in place to prevent this level of fraud."
While Democrats control 51 of the Senate’s 100 seats, enough to push Su’s confirmation through, some party members have not indicated whether they would vote to confirm her or not.
Sen. Jon Tester (D-MT) and Kyrsten Sinema (I-AZ) have yet to publicly declare their position on Su's nomination.
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Sen. Joe Manchin (D-WV), who had also publicly avoided taking a position, announced on Thursday that he plans to oppose her confirmation due to a “genuine concern” regarding her progressive ideology.
Most federal roles are regulated by the Vacancies Act from 1998, which governs those serving temporarily in positions that need an appointment from the president and Senate confirmation, can only do so for 210 days. Su's position is different under Labor Department guidelines, with a lack of Democratic support potentially not posing a threat to her role.