Ranking Member Cassidy Delivers Floor Speech on Julie Su’s Stalled Nomination, Calls on Biden to Withdraw
WASHINGTON – Today, U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, delivered a floor speech on the stalled nomination of Julie Su for Secretary of Labor. As of today, 175 days have elapsed since the Senate received Julie Su’s nomination, the longest any cabinet-level nominee has waited for a floor vote when the same party controls the White House and the Senate.
Despite this unprecedented delay and the lack of votes for Senate confirmation, Julie Su is currently serving as Acting Secretary of Labor under a Department of Labor (DOL) succession statute, which the Biden administration claims allows her to serve as Acting Secretary indefinitely even if she does not have votes for Senate confirmation. Since it is clear Julie Su lacks the votes for confirmation, Cassidy calls on President Biden to withdraw her nomination.
“The President should not be allowed to bypass the will of Congress. It is unacceptable and yet another example of weak leadership from this administration,” said Dr. Cassidy. “Not only is this use of the DOL succession statute a violation of the advice and consent provision of the Constitution, but it will open up any action taken under her leadership to legal challenges.”
“As a Republican, I don’t expect to agree with the political positions of a Biden nominee. But I will remind my colleagues that former Labor Secretary Marty Walsh received strong bipartisan support for his unquestionable experience running organizations and handling negotiations. He worked to develop trust with both labor unions and the business community,” continued Dr. Cassidy. “However, it is clear that Ms. Su is far from that mold. And for this reason, she has been unable to receive the votes necessary for confirmation, even when the President’s party is in the majority.”
“I urge President Biden to withdraw Ms. Su’s nomination and put forward a nominee who is committed to fair enforcement of our nation’s labor laws,” continued Dr. Cassidy.
Click here to watch Cassidy’s full speech.
Cassidy’s speech as prepared for delivery can be found below:
M. President,
Today marks 175 days since Julie Su’s nomination for Secretary of Labor was officially transmitted to the Senate. This is the longest a cabinet-level nominee has waited for a floor vote when the same party controls the White House and the Senate.
Under the Federal Vacancies Reform Act, an individual can only perform the role of a Cabinet level position without Senate confirmation for 210 days. The law was created to prevent the President from appointing unelected bureaucrats to roles that require the advice and consent of the Senate.
The White House has acknowledged that Ms. Su is unable to reach 51 votes needed for confirmation.
Instead of allowing the Senate to do its constitutional duty and reject the nomination, the Biden administration is attempting to circumvent Congress and the Constitution to invoke DOL’s Succession Act which they claim allows them to have Julie Su serve as Acting Secretary of Labor indefinitely even though she lacks the votes for confirmation.
This is unacceptable. Not only is this use of the DOL succession statute a violation of the advice and consent provision of the Constitution but it will open up any action taken under her leadership to legal challenges. In fact, major business groups have indicated they are prepared to bring legal action against DOL if a rule on independent contractors is finalized while Ms. Su remains Acting Secretary.
That is why I am introducing legislation that will prevent Julie Su from serving as Acting Secretary of Labor beyond 210 days. This bill aligns the DOL succession clause with the Vacancies Act to prevent further abuses of the Constitution and ensure the Senate’s role to provide advice and consent is preserved.
It is not surprising that Ms. Su’s nomination has received such widespread opposition across the political spectrum.
A qualified Secretary of Labor needs to be able to do three things. Act impartially, effectively manage a large organization, and successfully handle labor negotiations.
Unfortunately, Ms. Su has failed to show her ability to do any of those three things.
Julie Su has a decades-long record of partisan activism and promoting policies that undermine workers to the benefit of politically connected labor unions.
As Secretary for the California Labor and Workforce Development Agency, Ms. Su was the chief enforcer of AB 5—a controversial law that dismantles the gig economy such as Uber, Door Dash, and Lyft, and removes the flexibility of individuals to work as independent contractors.
Even in California, AB 5 is unpopular. The governor and state legislature had to pass over 100 exemptions after it was implemented. In fact, the statutory exemptions are longer than the text of AB 5 itself. 59 percent of Californians voted to further erode the bill, which naturally labor unions challenged in court.
As Acting and Deputy Secretary of Labor, Ms. Su would oversee the Biden administration’s new regulation that would strip 21 million individuals of their ability to be independent contractors and to enjoy the flexibility this provides. As I have said before, a law rejected in California is not a policy that we should spread across the nation.
There are also serious concerns about Ms. Su’s ability to manage an agency.
The only large agency she has run, the California Labor and Workforce Development Agency, lost at least $31 billion to unemployment fraud under her watch. Despite repeated warnings, she chose to waive crucial verification safeguards recommended by the Department of Labor. This was confirmed by the California Office of the Inspector General.
Lastly, there are 150 labor contracts expiring this year. When labor disputes are not handled properly, there are massive supply chain implications and economic impacts. President Biden has sidelined Ms. Su in the United Auto Workers labor dispute, suggesting even he recognizes she is not up to the task. Instead, he has tasked Gene Sperling, an advisor that the president apparently feels is better equipped to handle such an important issue.
We certainly do not need a Labor Secretary that has to outsource her job.
The President should not be allowed to bypass the will of Congress. It is unacceptable and yet another example of weak leadership from this administration.
As a Republican, I don’t expect to agree with the political positions of a Biden nominee. But I will remind my colleagues that former Labor Secretary Marty Walsh received strong bipartisan support for his unquestionable experience running organizations and handling negotiations. He worked to develop trust with both labor unions and the business community.
However, it is clear that Ms. Su is far from that mold. And for this reason, she has been unable to receive the votes necessary for confirmation, even when the President’s party is in the majority.
I urge President Biden to withdraw Ms. Su’s nomination and put forward a nominee who is committed to fair enforcement of our nation’s labor laws.
Thank you.
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