Joe Manchin’s Opposition to Julie Su’s Confirmation Leaves Democrats in a Difficult Position

The Senate is currently stalled on President Joe Biden’s nomination of Julie Su to serve as Secretary of Labor. Sen. Joe Manchin (D-WV) recently announced his opposition to Su, citing concerns about her progressive background and her ability to collaborate with both labor and industry. This opposition has likely doomed her chances of confirmation in the narrowly divided Senate.

Under a 1946 law, amended in 1986, the deputy labor secretary, which Su served as under the previous head, is permitted to “perform the duties of the Secretary until a successor is appointed and has qualified.” This means that Su, who currently serves as the acting labor secretary, could continue to run the department without being confirmed.

The Democrats now face a conundrum on how to proceed. Manchin holds outsize leverage over Su’s confirmation given unanimous GOP opposition and several undecided senators who caucus with the Democrats. Without Manchin’s support, it is unlikely that Su will be confirmed.

It is unclear how long Su will be able to serve as acting labor secretary without being confirmed. However, the law does not place any limits on the amount of time she can serve. It is now up to the Democrats to decide how to move forward in order to ensure that the Department of Labor is led by an experienced and qualified leader.