In a late Friday news dump, NBC News hinted that the confirmation of Julie Su to United States Secretary of Labor position may be in trouble. If true, we can thank Democrat West Virginia Senator Joe Manchin for it. Bloomberg Law reported on Wednesday that the Senate would not vote on Su’s confirmation until after Memorial Day. This news of Manchin’s lack of support further indicates that Su is not a lock to ascend to the Secretary of Labor position.

California Congressman Kevin Kiley continues to beat the drum that Su’s nomination would be detrimental to America—and American businesses.

From @RepKiley: "The White House is pulling out all the stops to save Julie Su’s nomination. I’ll be making a closing argument on the House Floor tomorrow. Inauspiciously for Su and Biden, California just announced a $32 billion budget deficit – exactly the amount she squandered… pic.twitter.com/tx02ZOnX9p

— Will Swaim (@WillSwaim) May 17, 2023

Finally, the White House is pulling out all the stops to save Julie Su’s nomination. I’ll be making a closing argument on the Floor tomorrow. Inauspiciously for Su and Biden, California just announced a $32 billion budget deficit – exactly the amount she squandered in fraud.

Thanks to Rep. Kiley, the White House has not been able to distance Su from the EDD fraud taint, which gives credence to Manchin’s hesitancy in supporting Su’s nomination.

From NBC News:

Democratic Sen. Joe Manchin does not plan to support President Joe Biden’s nominee for labor secretary and has solicited a list of alternate candidates, according to two sources with knowledge of the matter.

Manchin’s opposition to nominee Julie Su could prove fatal if another senator who caucuses with Democrats also opposes her.

After Manchin, D-W.Va., met last week with Su he joined a call with the International Franchise Association, which opposes Su’s nomination because of her support for policies that the organization says “would dismantle the franchise business model.”

It’s not just the franchise model, but the independent contractor model, and small businesses throughout the nation. California’s AB5 did this within the state, and former U.S. Department of Labor Marty Walsh made an attempt through tossing out former President Trump’s independent contractor rule, and proposing other rule changes that could ruin franchiser independence.

The International Franchise Association (IFA) is rightly alarmed, and is warning Congress that Su would see these policies through and enact even worse ones. Franchisers in California are waging battle with the state again, with its push to institute AB 1228 into law. This bill would harm the franchisor-franchisee relationship and diminish, if not halt, entrepreneur opportunities in California.

The franchise model is a proven pathway for women & people of color to become small biz owners. Thank you, Asm. @drakilahweber, for meeting with local franchised restaurant owners to discuss how #AB1228 would bring this pipeline to an abrupt stop. Please reject AB 1228! #CALeg pic.twitter.com/vfBxg9TF5q

— Stop AB 1228 (@StopAB1228) May 17, 2023

According to NBC News, IFA is recommending alternatives that are more closely aligned with Walsh.

“IFA has suggested several alternatives to…Su in the mold of former Secretary Marty Walsh, who received bipartisan support and brought parties together,” an IFA spokesperson told NBC News in an emailed statement.

During Su’s confirmation hearing testimony in April, Republican Utah Senator Mitt Romney pointed out that over the two years Su has been Deputy Secretary of Labor, she hasn’t even attempted to bring unions and businesses to the table.

Then there was the exchange between Su and Utah Senator Mitt Romney. Romney challenged Su on the fact that in two years as Deputy Labor Secretary, she had failed to meet with private businesses and independent contractors, but met regularly with union bosses.

Su showing this clear allegiance would be a detriment to franchisers and small business. An IFA spokesperson told NBC News it had provided alternatives to other Senators as well. These Senators have not publicly declared what their vote would be; the fact that they haven’t does not portend well for Su. Also part of this good news: now-Independent Senator from Arizona, Kyrsten Sinema was with Manchin in this meeting.

Democrat-turned-independent Sen. Kyrsten Sinema of Arizona was on the same call with Manchin, according to two sources.

Manchin met with Su for nearly 45 minutes on May 3, telling reporters afterward that it was “very good” and “respectful,” but that he hadn’t yet decided how he planned to vote on her nomination. Asked if he had a timeline for when he’ll make up his mind, Manchin replied no.

“There’s still some, there’s still some things I need to check into,” Manchin said at the time. “We’re going through some things. We had a good dialogue.”

We can only pray that Minority Leader Mitch McConnell (R-KY)  will keep the Republicans like Maine Senator Susan Collins and Alaska Senator Lisa Murkowski in line to vote against this nomination. If they do, and only two Democrat senators fail to support her, Julie Su’s nomination is officially sunk.