On Wednesday, the Senate voted on whether to confirm David Weil, President Joe Biden’s nominee for the Labor Department’s Wage and Hour Division.
They handed Biden a resounding no, the first of his presidency.
Previously, Senate Majority Leader Chuck Schumer hasn’t held votes on Cabinet nominees opposed by swing voters like Sen. Joe Manchin, D-W.Va. In those cases, the nominees — Neera Tanden, Saule Omarova, and David Chipman — all withdrew their names from consideration before the vote.
This time, the Senate caused a new kind of embarrassment for Biden by voting no for the first time. Senate Majority Leader Chuck Schumer seemed to have miscalculated by holding the vote.
The Senate voted 53-47 to reject Weil. The nay votes came from all 50 Republicans and three Democrats.
Among the Democratic nays were the two usual suspects: Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. They were also joined by Mark Kelly, Arizona’s other senator.
Biden said at a press conference in January, “If you notice, the 48 of the 50 Democrats supported me in the Senate on virtually everything I’ve asked.”
He only earned votes from 47 Democrats this time. By voting no, Kelly has revealed some cracks in the Senate Democrats’ bloc. Insiders have speculated that some lesser-known Democrats have been hiding behind Manchin and Sinema instead of voting against Biden more openly.
The three Democrats voted against Weil amid small businesses’ criticisms of his record.
Weil served in the Labor Department during former President Barack Obama’s second term, and he called for businesses to classify independent contractors as employees, according to Politico.
In a statement to CNN Wednesday, Manchin called Weil’s statements “problematic for many West Virginia employees and business owners,” and he cited Weil’s “track record” as a reason to oppose him.
Sinema’s office told CNN, “She has concerns with his ability to faithfully execute and uphold the law.” Sinema’s office declined to elaborate further.
Kelly has yet to speak publicly about the vote.
Meanwhile, the White House lamented Weil’s failure in the Senate, and it extolled his “pro-worker” record.
“Confirming his nomination would be good for workers,” a White House spokesperson told CNN. “We’ll continue to evaluate this nomination and how we move forward, but remain proud of the administration’s pro-worker policies and work being done.”
During the disastrous vote in the Senate, Biden was preparing to fill another Cabinet position. He nominated controversial Los Angeles Mayor Eric Garcetti as ambassador to India, despite allegations he turned a blind eye to sexual harassment in his office.
Biden can expect further fracturing among the Senate Democrats.