With Manchin’s opposition, Julie Su’s nomination for Labor secretary moves closer to defeat

Democratic Sen. Joe Manchin III of West Virginia said Thursday that he will oppose Julie Su’s nomination for secretary of Labor, dealing a significant blow to the Californian’s prospects of securing confirmation.

Manchin announced his position Thursday afternoon after declining for months to commit to a vote. Sen. Mark Kelly (D-Ariz.) told Politico on Thursday that he would support Su’s bid, while Sens. Kyrsten Sinema (I-Ariz.) and Jon Tester (D-Mont.) have yet to state a position.

The White House suggested Thursday that Sinema is also opposed to Su’s nomination. “The President’s support for Acting Secretary Su is unwavering, and we hope Senator Manchin and Senator Sinema reconsider their position,” a White House official wrote in an emailed statement.

In a statement, a Sinema spokesperson said that the senator does not provide previews of her votes.

If either Sinema or Tester oppose Su, her nomination will probably die in the Senate, a setback for the influential labor figure and a setback to the White House, which has invested considerable time and resources in her bid.

Any Labor secretary should demonstrate their ability to “lead both labor and industry to forge compromises acceptable to both parties,” Manchin said in a statement. “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,” he wrote.

Su, who currently serves as acting secretary of Labor, would be Biden’s first Asian American Cabinet secretary. Before joining the Labor Department, she led California’s Labor and Workforce Development Agency.

In the weeks leading up to Manchin’s announcement, her supporters felt more optimistic about her chances. Su traveled to the West Coast and helped broker a deal between dockworkers and their employers. White House officials publicized the deal as evidence of Su’s abilities, and continued to push her nomination even with no vote scheduled. The White House even assembled a “war room” to discuss her nomination.

But Su’s record in California has caused some concern in Washington. She was a key enforcer of AB 5, a controversial gig worker law, and opponents of her nomination worried that Su would bring similar policies to the federal level — despite the fact that she said she wouldn’t.

A coalition of businesses, freelancers and other workers called Stand Against Su have also funded ads opposing her.

The ads targeted Montana and West Virginia, where Manchin and Tester are up for reelection in 2024. Members of Congress have pressed Su on her California record while she continues to fill the role of Labor secretary in an acting capacity.

“That is something unique to me,” Sen. Mazie Hirono (D-Hawaii), a longtime supporter of Su, told The Times last month. “Big money has come out and put up billboards in certain states to encourage those senators to think twice before voting for her.”

No federal law dictates when Su would need to vacate her acting position if she fails to win confirmation. Sen. Bernie Sanders (I-Vt.) told NBC News that if she does not have the votes, “she should stay where she is.”