A letter signed by 33 Republican senators on Wednesday urges President Joe Biden to withdraw the nomination of Julie Su for Labor Secretary. This move by Republicans aims to pressure Democrats into making a decision on Su’s nomination, which has been stalled for nearly two months. Senator Jon Tester (D-Mont.) has voiced his frustration that Su’s nomination has not yet been brought up for a full vote, asking, “Are we ever gonna vote on her?” earlier in June.
Su received clearance from the Health, Education, Labor, and Pensions (HELP) Committee on a party-line vote in April. Even so, the letter states that she “refused to be interviewed by HELP Committee minority staff or the staff members representing the Republican senators on the committee, as nominees have traditionally done.”
Congressman Kevin Kiley (R-CA) called Su’s testimony to Congress, “evasive, non-responsive and outright dishonest at times,” last week, similarly calling on Biden to withdraw the nomination.
US Labor Secretary nominee Julie Su was evasive, non-responsive, and outright dishonest at times in her testimony to Congress.
I urge the President to withdraw Su and choose a nominee who is on the side of American workers. pic.twitter.com/WVFSJMjfit
— Rep. Kevin Kiley (@RepKiley) June 14, 2023
In response to the stalling, two-thirds of the Senate GOP conference, including Minority Leader Mitch McConnell (R-Ky.), organized a letter spearheaded by Senator Mike Braun (R-Ind.) demanding that President Biden withdraw Su’s nomination. The senators write:
Given this present state of affairs, we respectfully urge you to withdraw the nomination. We appreciate your responsiveness to this request and ask for prompt confirmation that the nomination of Julie A. Su is formally withdrawn.
The letter notes the apparent sandbagging of a floor vote by Senate Majority Leader Chuck Schumer (D-NY) in the months since Su’s nomination was voted out of committee, writing:
Despite the nomination of Ms. Su being reported favorably by the committee on a party-line vote on April 26, 2023, and despite the Senate being in session for several weeks since this date, there has yet to be a vote in the full Senate on this nomination. Her track record and unwillingness to provide clarity to her past positions and the actions she would take as Secretary of Labor continue to raise concerns about her nomination.
Julie Su would harm small businesses and independent contractors as Labor Secretary.
Today I led a letter with @LeaderMcConnell and 31 of our Republican colleagues calling on President Biden to withdraw her nomination. https://t.co/I0KWrXYDTf
— Senator Mike Braun (@SenatorBraun) June 21, 2023
On Wednesday, White House spokesperson Emilie Simons defended Su’s nomination, stating:
Julie Su is highly qualified to be Labor Secretary, recently helped secure a labor agreement at the west coast ports, was unanimously confirmed as Deputy Secretary of Labor by all Senate Democrats, and has support from business and labor groups across the spectrum.
But, that’s not quite true. Major business groups oppose Su’s nomination, more than 30 signed a letter in March including the National Retail Federation, National Restaurant Association, and International Franchise Association. The signatories wrote to members of the HELP committee:
Confirming a labor secretary with a track record of putting roadblocks in the way of solving the current workforce shortage would negatively affect every American, every business (particularly small businesses), and the economy.
The business groups and associations also pointed to Su’s disastrous role in California’s AB 5, a law that destroyed freelance and independent contracting occupations and industries across the state. The letter continues:
In her capacity as the state’s chief labor officer, Ms. Su was integral in the formation and implementation of A.B. 5, which codified language that effectively banned such arrangements in California. The law left millions unsure as to whether they could continue to work as self-employed individuals or would have to seek jobs elsewhere. Controversy and chaos ensued, resulting in a patchwork of legislative solutions with over 200 industries and occupations seeking and securing exemptions from the law. Even with the exemptions, the law proved so unpopular that voters of California overwhelmingly rejected it by passing Proposition 22 in 2020.
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Other opposition coalitions highlight Su’s oversight resulting in tens of billions of dollars of fraudulent pandemic payments. Stand Against Su writes:
Under Su’s watch as Secretary of the California Labor and Workforce Development Agency, California suffered the most significant fraud on taxpayer funds in state history. When California’s Employment Development Department (EDD), overseen by Su, failed to address tens of thousands of pandemic-related unemployment claims, an emergency audit uncovered rampant fraud throughout the system. While hard-working Californians had struggled to pay for gas and groceries, criminals, including death row inmates, received millions of dollars in payments from the state.
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.
The current state of affairs indicates that Senator Joe Manchin (D-W.Va.) has privately expressed opposition to Su’s nomination. This means that one more Democratic defection could likely cause the downfall of her bid to lead the DOL. Senators Jon Tester (D-Mont.) and Kyrsten Sinema (I-Ariz.) have not publicly stated how they will vote. Meanwhile, Sen. Sinema has faced lobbying efforts from both sides of the Su nomination divide. She frequently collaborates with Senator Jim Lankford (R-Okla.), who is among the signatories of the letter calling for Su’s withdrawal.
The Republican senators are calling for swift action, writing, “We appreciate your responsiveness to this request, and ask for prompt confirmation that the nomination of Julie A. Su is formally withdrawn.”
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