Posts tagged Vacancies Act
Biden Bypasses Senate Confirmation in Labor’s Julie Su
October 3, 2023 // According to the GAO, she can stay in the top Labor Department post without Senate confirmation. That effectively cuts out the voters and sets a poor precedent. Now, should some federal secretary depart, the president need only appoint an “acting” replacement. According to the Government Accountability Office, that person can avoid Senate confirmation and remain on the job, regardless of their suitability for the post.
Was This The Plan All Along?
July 26, 2023 // Sen. Bill Cassidy (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, asked the Biden Administration Thursday to withdraw the nomination and warned that “(A)ny attempts to bypass the will of Congress, especially its constitutionally mandated advice and consent role, is unacceptable.” Su was the deputy labor secretary until her predecessor, Marty Walsh, left to take over the NHL players union, triggering her acting secretary status. Typically, under a law called the Vacancies Act, Su, who was nominated about four months ago, would have a 210-day time limit – for her, that’s mid-October – to her “acting” term. However, the Labor department has its own “succession statute” which states that the deputy becomes the acting secretary automatically and shall “perform the duties of the Secretary until a successor is appointed…” The labor statue has no time limit – confusion aspect one. The second issue is that Su’s nomination is still technically “pending” before the Senate.