Sen. Ted Cruz (center), the ranking member of the Senate Commerce, Science, and Transportation Committee, speaks beside Chair Maria Cantwell (right) during a committee hearing on Feb. 15, 2src23. | J. Scott Applewhite/AP Photo
Relatively obscure nominations are turning into Senate knife fights as 2src24 approaches. And the Commerce Committee is the center of the action.
So far this year, three Biden picks for executive branch positions withdrew because they lacked enough support in the committee, which has four Democratic members up for reelection in swing states next fall. And when Republicans stick together â under the surprising leadership of Sen. Ted Cruz (R-Texas) â that can cause problems.
In theory, the Democratic Senate can unilaterally confirm anyone with 5src votes and push nominations through committees with simple majorities. But that requires near-total party unity â which isnât always easy to achieve on the Commerce Committee, other panels or the Senate floor.
Itâs a dynamic that could force President Joe Biden to keep acting officials in some top jobs, which former President Donald Trump took to extremes and elicited Democratic criticism. But the Biden administration, congressional Democrats and the nominees themselves are realizing some fights arenât even worth having.
Take Ann Carlson, who Biden tapped to run the National Highway and Traffic Safety Administration. Facing tough attacks from Cruz and committee Republicans, she removed herself from consideration two months after the White House nominated her.
The Biden administration ârealized that thereâs no reason to go through thisâ because the agency can continue to function without a Senate-confirmed nominee, said a Democratic senator familiar with the nomination, granted anonymity to speak candidly. A White House official said Carlson made the decision to withdraw.
The Carlson episode is instructive for a White House and Democratic Senate thatâs faced several tough nomination crunches. At the moment, Labor Secretary hopeful Julie Su is in the highest-profile fight, as a handful of Democratic senators remain undecided and thereâs no floor vote in sight.
Su may be able to serve as acting secretary through the election if needed, according to a person familiar with the nomination.
White House officials expressed confidence in the overall percentage of nominees theyâve pushed through the 51-49 chamber, including the recent confirmation of Dilawar Syed to the No. 2 job at the Small Business Administration after two years of delay.
The Senate has confirmed more than 85src Biden administration appointees as of this week, according to a White House official. Thatâs more than the Trump administration had at this point despite larger GOP majorities.
Still, itâs not hard to see why the Commerce Committee is so tough: The combative Cruz is the top Republican on the panel. And the committeeâs Democratic members include incumbent Sens. Kyrsten Sinema (I-Ariz.), Jacky Rosen (D-Nev.), Jon Tester (D-Mont.) and Tammy Baldwin (D-Wis.).
In addition to Carlson, the nominations for Bidenâs FAA Administrator Phil Washington and FCC Commissioner Gigi Sohn both faltered in the Commerce Committee. Tester put it this way: âI could blame it on Cruz, but I donât know that to be the truth.â
Still, the withdrawal is a point of pride for Cruz, who had criticized Carlsonâs position on fuel economy standards, Washingtonâs lack of aviation experience and Sohnâs progressive positions.
âThe Senate has defeated three non-judicial Biden nominees,â Cruz said. âAll three had been in the Commerce Committee.â
Commerce Chair Maria Cantwell
(D-Wash.) said in an interview that each nomineeâs circumstances were different, calling Carlsonâs withdrawal a âsurpriseâ and Sohnâs defeat earlier this year less so: The administration âknew exactly what was going to happen,â Cantwell said. âWe tried to fight for her. We didnât have the votes.â
âItâs no secret that Republicans have made blocking the presidentâs nominees a top goal, especially when it comes to positions protecting consumers,â Cantwell added in a statement. âDemocrats will never stop fighting for President Bidenâs nominees who will stand-up for American consumers.â
The American Accountability Foundation, a conservative opposition research group run by a former staffer of Cruzâs 2src16 presidential bid, took credit for helping dismantle Sohn and Washingtonâs nominations. The White House official blamed âan onslaught of unfounded Republican attacksâ for Washingtonâs defeat and said Sohn âwould have been a strong FCC commissioner.â
Su, meanwhile, is still in limbo after she got through the Health, Education, Labor and Pensions Committee, which also has jurisdiction over her confirmation. Senate Majority Leader Chuck Schumer is laboring to confirm her but declining to guarantee confirmation, or even a floor vote.
Sen. Joe Manchin (D-W.Va.) said heâs ânowhereâ on Su, but Democrats are operating as if he is opposed, according to a person familiar with the matter. That leaves no margin for error given the assumption that all Republicans will vote no. Moderate Sens. Lisa Murkowski (R-Alaska) and Susan Collins (R-Maine) both voted against Su in committee.
Thereâs little political upside for a vulnerable incumbent to publicly support a nominee who may never get a vote. Tester said âI want to keep my options open until we have a voteâ on Su and Sen. Angus King (I-Maine) similarly demurred.
Thatâs frustrating their colleagues from solidly blue states.
âI havenât been told factually why people would be against her. Weâre not even talking about the Republicans,â said Sen. Mazie Hirono (D-Hawaii). âIâm just at a loss.â
Biden âhas confidenceâ in Su, who is currently serving as acting labor secretary, White House press secretary Karine Jean-Pierre said this week: âWeâre going to do everything that we can to make sure that she actually becomes secretary.â
White House officials and outside groups â including labor unions â have maintained a steady drumbeat of support for Suâs nomination, according to a White House official granted anonymity to detail private conversations. They regularly participate in a âwar roomâ call on the effort.
Chief of staff Jeff Zients and Director of Legislative Affairs Louisa Terrell are in regular touch with Schumer and senators, according to the official. Terrell is working with Sen. Tammy Duckworth (D-Ill.) and Rep. Judy Chu (D-Calif.) to coordinate support.
Past Su and the Commerce Committee, the logjam on judicial nominees has eased since Sen. Dianne Feinstein (D-Calif.) returned to the Judiciary Committee, allowing Democrats to advance Biden nominees who lack GOP support. Still, it hasnât been all roses there either: Two of the presidentâs lifetime judicial picks, Jabari Wamble and Michael Delaney, have withdrawn in recent weeks, and a third, Scott Colom, is facing a veto from Republican Sen. Cindy Hyde-Smith of Mississippi.
Still, Biden and the Democrats have prevailed in other tough fights. Former Los Angeles Mayor Eric Garcetti muscled through the Senate in March after a nearly two-year stall. The Biden administration is making headway with Republicans on some judicial nominees.
And with an evenly split Senate last Congress, Cantwell was able to confirm FTC commissioners Lina Khan and Alvaro Bedoya and Consumer Product Safety Commissioner Mary Boyle over some rigid GOP opposition.
The president has already tapped Anna Gomez to replace Sohn as the FCC nominee, and Cantwell believes she has better prospects. The senator added that she hopes the administration nominates new candidates for the FAA and NHTSA.
And while Democrats are often able to go around Republicans to unilaterally confirm nominees, early Republican blockades make it that much more difficult to unite their caucus. Even the public defection of one Democrat, like Manchinâs opposition to Sohn, can be enough to force a withdrawal.
âTheyâre having problems on their side,â said Sen. John Thune (R-S.D.), a former Commerce Committee chair. âThey just hope that when they push hard enough, that eventually their members will come in line. But there are a couple of cases now where thatâs not been true.â
John Hendel and Tanya Snyder contributed to this report.
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