The White House is considering filing a lawsuit against Julie Su, who is the acting labor secretary. Due to her position not being confirmed by the Senate, the Biden administration tried to keep her in her position. This move has been met with mixed reactions from both parties, with some Democrats and Republicans criticizing the legality of it.
In response to Su's nomination, the companies that operate in the gig economy, such as Uber, Lyft, and DoorDash, warned the White House about how it could affect their operations. They stated that his actions would go against the Senate's constitutional role in providing advice.
— Kim Kavin (@thekimkavin) July 26, 2023
Su's confirmation as the acting secretary of the Department of Labor has been delayed by the Senate. According to a White House official, she became the acting secretary under the agency's organic statute. This means that she can serve as the acting secretary for as long as she wants.
Even with a Democratic majority, Su's confirmation can't be guaranteed. Joe Manchin, a senator from West Virginia, opposes Su due to her progressive background. Jon Tester, another senator, also stated that he doesn't support keeping Su in her position without confirmation.
Richard Painter, a former White House ethics lawyer, stated that the Su situation shows how Congress can't prevent executive power from being abused. He also noted that Democrats were criticized by Trump for his actions, but they didn't criticize Biden for his decision to bypass the Senate for his student loan deal.
There's nothing stopping Su from continuing to serve as the acting labor secretary, but there are questions as to whether or not she has the authority to implement new regulations without confirmation.
Officials at the White House defend Su's performance, and they claim that her actions as the acting secretary of the Labor Department will be affected by the Senate's decision not to confirm her. The possibility of a lawsuit also exists regarding her continued employment.