As Biden moves further left, he end-runs the Constitution more. Two failed federal nominations are just the latest chapters in an unfolding story of Biden’s disregard for the institution he served for almost half a century, the Constitution he swore to “preserve, protect, and defend,” and the country that elected him president. They are also the introduction to what a second Biden term would look like.
The ‘Acting Secretary’ Loophole
Biden’s first failed nominee is Deputy Secretary of Labor Julie Su. Controversial from the beginning, Su proved too much so for confirmation to the Department of Labor’s top spot. On Feb. 28, President Biden announced: “It is my honor to nominate Julie Su to be our country’s next Secretary of Labor. Julie has spent her life fighting to make sure that everyone has a fair shot. … I respectfully ask the Senate to take up this nomination quickly so that we can finish the job for America’s workers.”
The Senate did, and then it said no — specifically Sen. Manchin, D-W.Va., and Sen. Sinema, I-Ariz., though there’s no telling how many more would have joined them, because in July, the administration threw in the towel on Su’s nomination, but they refuse to give up Su. So for over two months, Su has been in place as acting labor secretary. The administration shows no sign of nominating anyone else, regardless of her Senate rejection. So although Su got her “fair shot,” the administration will plow ahead just the same.
Biden’s second failed nominee is Jeff
