Senate Votes Down Biden’s Labor Department Nominee

By Robert Cunningham, updated on November 29, 2023

In a startling turn of events, the Senate has voted against advancing the nomination of Jose Javier Rodriguez, President Biden's choice for a top role in the Labor Department.

The Senate failed to move forward with Jose Javier Rodriguez's nomination for assistant secretary of labor in a 44-51 vote.

Two Democrats, Senators Joe Manchin, and Bob Menendez, broke ranks to vote no on Rodriguez's nomination. The unexpected defection from within the party lines has added an unexpected layer of complexity to the situation.

Democratic Absences During the Vote

Adding to this complexity were four notable absences. Democratic Senators John Hickenlooper, Ed Markey, Jon Ossoff, and Raphael Warnock were not present at the time of the vote. Their absence, combined with the defection, has significantly impacted the outcome.

The Democrats hold a slim 51-49 majority in the Senate, and these recent developments have made it clear that they can only afford two defections. Any more, and it threatens the stability of their hold on the Senate.

Senate Majority Leader Chuck Schumer played a strategic move by switching his vote to no at the end of the vote. This procedural move allows him to reconsider the nomination at a later date.

Uncertainty Clouds Rodriguez's Nomination

Despite his strategic move, Schumer has yet to announce if or when he will bring Rodriguez's nomination back up for another vote. The uncertainty has left many wondering about the future of this nomination.

If Schumer chooses to bring the nomination up for another vote, he will need all Democratic senators present. Additionally, one of the previous no votes will need to switch to a yes vote to make it through.

In a situation where not enough votes switch, Vice President Kamala Harris could provide a tiebreaking vote to approve the nomination. The role of the Vice President in this process underlines the tightrope that the Democrats are walking in the Senate.

A Brief History of Rodriguez's Nomination

Jose Javier Rodriguez was initially nominated by President Biden for the assistant secretary of labor position in July 2021. However, his nomination expired last year when the Senate HELP committee was deadlocked.

In 2023, Biden decided to re-nominate Rodriguez for the position. This led to the recent vote on November 28, which saw the Senate voting 51-44 against advancing Rodriguez's nomination.

At the end of the vote, Majority Leader Schumer switched his vote to no as a procedural move. This switch leaves the door open for the possibility of later reconsideration.

Next Steps for Rodriguez's Nomination

Schumer will need to decide whether and when to bring the nomination back up for a vote.

If there is another vote, Schumer will need all Democratic senators present and one of the previous no votes to switch to yes. This task may prove to be a significant challenge, given the current political landscape.

If the no votes remain, Vice President Harris could provide the crucial tiebreaking vote to approve the nomination. However, this possibility remains to be seen.

Conclusion

  • The Senate has voted against advancing Jose Javier Rodriguez's nomination for assistant secretary of labor, 51-44.
  • Two Democrats, Senators Joe Manchin and Bob Menendez, voted no.
  • Four Democrats were absent from the vote.
  • Senate Majority Leader Chuck Schumer switched his vote to no at the end of the vote as a procedural move.
  • Schumer has not announced if or when he will bring the nomination back up for another vote.
  • If there is another vote, Schumer would need all Democratic senators present and one of the previous no votes to switch to yes.
  • If the no votes remain, Vice President Kamala Harris could provide a tiebreaking vote.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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