Acting labor secretary Julie Su’s nomination returned to the White House

Acting labor secretary Julie Su’s nomination was returned to the White House on Wednesday as the Senate gaveled out the first session of the 118th Congress, forcing President Biden to re-nominate her in the new year.

“We need a qualified Secretary of Labor who can impartially enforce the law, properly manage a department, and refrain from partisan activism. Ms. Su failed to show her ability to do any of those three things,” said Sen. Bill Cassidy (R-La.) in a statement.

“It is clear Ms. Su lacks the necessary votes for confirmation. I urge President Biden to put forward a nominee who is committed to fair enforcement of our nation’s labor laws and is capable of being confirmed in the Senate.”

Former Labor Secretary Marty Walsh resigned in February to run the National Hockey League Players’ Association, elevating Su from her deputy role and leading to a prolonged battle with Senate Republicans and centrist Sen. Joe Manchin (D-W.Va.).

The White House said in a statement that Su “will be renominated for Secretary of Labor in the new year.”

“Because she was confirmed by the Senate as Deputy Labor Secretary, she is able to continue serving as Acting Secretary of Labor, where she has performed admirably, and we urge the Senate to take swift action to confirm her as Secretary,” a White House spokesperson told The Post.

On July 20, Senate Republicans called on Biden, 81, to withdraw his pick from leading the Department of Labor after she failed to pass a confirmation vote for 126 days.

Cassidy wrote in the letter that Su was able to serve “in perpetuity” at the agency even though she hadn’t been confirmed.

“If your administration believes Ms. Su cannot receive the necessary votes for confirmation, then you should rescind her nomination,” he said. “Any attempts to bypass the will of Congress, especially its constitutionally mandated advice and consent role, is unacceptable.”

Under the Federal Vacancies Reform Act of 1998, Su was only able to lawfully serve in an acting capacity for 210 days.

Her service stretched into the longest period a Cabinet-level official has dodged confirmation when the same party controls both the Senate and White House, 281 days in total.

However, the Government Accountability Office in September released a report about the limits of Su’s acting authority, which was requested by House Education and Workforce Committee Chairwoman Virginia Foxx (R-NC).

The report found Su to be “lawfully serving as the Acting Secretary” and “that the Vacancies Act’s time limitations on acting service do not apply” to her.

Manchin last summer said he opposed Su as head of the Labor Department given her “progressive” bona fides.

“I believe the person leading the US Department of Labor should have the experience to collaboratively lead both labor and industry to forge compromises acceptable to both parties,” he 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.”

Others like Senate Minority Leader Mitch McConnell (R-Ky.) drew attention to her previous role as California’s labor secretary, where she oversaw $31.4 billion in payments to fraudsters through the state’s Employment Development Department.

She also delayed COVID relief payments during the pandemic to around 5 million residents — and wrongly denied them to 1 million others — while serving as California’s chief labor official, a nonpartisan report from the state’s legislature found.