The Senate panel that has doomed key Biden nominations

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The Federal Aviation Administration's NOTAM System Failure and its Impacts on a Resilient National Airspace
Ranking member Sen. Ted Cruz (R-TX) and Chairwoman Sen. Maria Cantwell (D-WA) arrive for the Senate Commerce, Science, and Transportation Committee hearing titled “The Federal Aviation Administration’s NOTAM System Failure and its Impacts on a Resilient National Airspace,” in the Russell Building on Feb. 15, 2023. (Tom Williams/CQ Roll Call via AP Images)

The Senate panel that has doomed key Biden nominations

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The Senate Commerce, Science, and Transportation Committee has been at the forefront of some of President Joe Biden’s failed nominations for executive branch positions, with at least three presidential picks this year withdrawing due to a lack of support.

Ann Carlson, whom Biden selected to run the National Highway and Traffic Safety Administration, withdrew her nomination two months after the White House nominated her. Gigi Sohn, Biden’s pick to serve on the Federal Communications Commission, withdrew her nomination in March after a long battle with Republicans who believed she was too radical. Phillip Washington, the president’s choice to head the Federal Aviation Administration, also withdrew his nomination at the end of March after Republicans took aim at his level of experience.

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Part of the reason why Biden’s picks are facing such strong headwinds on this key panel can be traced back to four Democratic members up for reelection in swing states in 2024, which include Sens. Jacky Rosen (D-NV), Jon Tester (D-MT) Tammy Baldwin (D-WI), and Kyrsten Sinema (I-AZ). The reality of the situation could force the Biden administration to keep acting officials in top posts for an extended period of time.

Sen. Ted Cruz (R-TX) is the top Republican on the panel and has proven to be successful in keeping his conference together and voting down Biden’s picks. Freshman Sen. Eric Schmitt (R-MO), a new member of the panel, told the Washington Examiner earlier this year that tanking Biden’s nominees on the panel is one way he’s able to conduct oversight as a member of the minority.

“There is a very important role for every member to play on that committee, whether they are in the majority or the minority,” Schmitt said at the time. “So that’s what we are focused on, and just doing everything we can to try and take some of those skills as attorney general, we can really dig into things and ask important, tough questions.”

Sen. Maria Cantwell (D-WA) told Politico that Democrats have been fighting to confirm Biden’s picks, but in some cases, they just haven’t had the votes.

“It’s no secret that Republicans have made blocking the president’s nominees a top goal, especially when it comes to positions protecting consumers,” Cantwell said. “Democrats will never stop fighting for President Biden’s nominees who will stand-up for American consumers.”

Although not in the Commerce Committee, Labor Secretary pick Julie Su is the next confirmation fight on the horizon. It’s been nearly four months since Biden nominated Su to become labor secretary, and Senate Majority Leader Chuck Schumer (D-NY) has not yet set a date to hold a vote on the floor, a key sign that her nomination doesn’t have the votes.

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Many centrist and independent senators are weighing whether to support Su’s nomination. Sen. Joe Manchin (D-WV) would not answer questions from the Washington Examiner about the future of Su’s nomination or how he intends to vote, but he has previously told the Biden administration he has deep reservations about her, according to sources with knowledge of the matter.

A Manchin opposition, combined with one other Democratic defection, could halt Su’s confirmation. She needs at least 50 votes in the Senate, in which Democrats have a slim 51-49 hold over Republicans. It’s unclear where other centrists such as Sens. Tester, Sinema, Angus King (I-ME), and Mark Kelly (D-AZ) stand. Manchin, Sinema, King, Kelly, and Tester all supported her for the deputy post in 2021.

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