President Biden has renominated acting Secretary of Labor Julie Su, despite disapproval from Democrats over Su's progressive background in California. The White House released the list of Biden's nominations to be sent to the Senate for approval or rejection on January 8, 2024.
The Department of Labor (DOL) informs that Julie Su, who was appointed Acting Secretary of Labor on March 11, 2023, previously served as the DOL deputy secretary. Prior to this role, Su was the secretary for the California Labor and Workforce Development Agency.
According to the New York Post, due to opposition from Democrats, Su was unable to secure a Senate confirmation vote during the last Congressional session. Su faced an extended delay of 281 days in her initial nomination process, marking one of the lengthiest periods for a cabinet official nominee. "Acting Secretary Su uniquely understands the challenges workers and businesses face — which is why the president continues to stand by her nomination," said White House spokeswoman Emilie Simons. Democrat Senators Manchin and Sinema both voted no on Su's nomination.
Senator Joe Manchin (D-WV) expressed his concerns in a July 2023 statement: "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. While her credentials and qualifications are impressive, 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 of Labor."
Republicans opposing Su cited the Federal Vacancies Reform Act of 1998 which stipulates a maximum tenure of 210 days for officials serving in an acting capacity. The duration of Su's delay is unprecedented while one party controls both the White House and Senate. However, according to The New York Post, The Government Accountability Office found that these provisions "do not apply" to Su.
As reported by the Federal Newswire and Legal Newsline, acting Secretary Su is pursuing a child labor case against Michigan-based staffing company, Forge. The investigation has been ongoing for nine months, yet no child labor allegations have been made against Forge Industrial Staffing. John O’Brien, the editor of Legal Newlines, said during an episode of The American Legal Record Podcast: "Listeners might think this is a story about child labor violations. It's really a story about the lengths the government will go in the pursuit of headlines."