Biden's picks face peril in 50-50 Senate

Two of President BidenJoe BidenAtlanta mayor won't run for reelection South Carolina governor to end pandemic unemployment benefits in June Airplane pollution set to soar with post-pandemic travel boom MORE’s Cabinet nominees are slamming into confirmation hurdles on Capitol Hill, testing the White House’s ability to navigate a tenuous Senate majority amid deep partisan divisions in Washington.

Biden’s pick for the Office of Management and Budget (OMB), Neera TandenNeera TandenManchin touts rating as 'most bipartisan senator' Manchin says he doesn't support DC statehood, election reform bills Manchin floats breaking up Biden's infrastructure proposal MORE, now appears unlikely to be confirmed after two Senate panels delayed business meetings to vote on her nomination Wednesday.

And Republicans are solidifying their opposition to Xavier BecerraXavier BecerraNearly 940,000 sign up for ObamaCare coverage in special enrollment HHS, HUD team up to extend COVID-19 vaccine access in vulnerable communities We urgently need a COVID-level response to the US drug crisis MORE, Biden’s pick to lead the Department of Health and Human Services.


Rep. Deb HaalandDeb HaalandOVERNIGHT ENERGY: Biden officials unveil plan to conserve 30 percent of US lands and water | Watchdog questions adequacy of EPA standards for carcinogenic chemical emissions | Interior proposing revocation of Trump-era rollback on bird protections Biden officials unveil plan to conserve 30 percent of US lands and water Interior proposing revocation of Trump-era rollback on bird protections MORE (D.N.M.), whose prospects were uncertain heading into Wednesday, received a significant boost later in the day when Sen. Joe ManchinJoe ManchinManchin touts rating as 'most bipartisan senator' Bowser on Manchin's DC statehood stance: He's 'not right' It's Joe Manchin vs the progressives on infrastructure MORE (W.Va.), a key moderate Democrat, announced his support after previously declining to say whether he would vote for her.

The hurdles come despite a Democratic majority in the Senate following a pair of victories in Georgia’s runoff elections last month that created a 50-50 split, with Vice President Harris as the tie-breaking vote when needed.

Biden acknowledged disappointment with the pace of his confirmations in an exchange with reporters Wednesday, but he said the delayed transition slowed the process.

“I don’t so much blame it on the Senate, I blame it on the failure to have a transition that was rational,” Biden said. “We’re doing fine, I think we’re going to be in good shape.”

The confirmation challenges also underscore how fragile that Democratic majority can be, and how critical White House outreach to senators will be moving forward.

“I think we are committed to fighting for all of our nominees, to do all the outreach needed to answer questions, to address concerns anyone has, to reiterate the qualifications of all of the nominees the president has put forward and do due diligence in fighting for the team he’s nominated,” White House press secretary Jen PsakiJen PsakiBriahna Joy Gray: Biden campaign promises will struggle if Republicans win back Congress The Hill's 12:30 Report - Presented by ExxonMobil - Trump moves to his own blog as Facebook ban remains in place Biden on Cheney drama: 'I don't understand the Republicans' MORE said at a briefing with reporters Wednesday.


But multiple GOP senators who have voiced opposition to Tanden’s nomination said they had not heard from the White House, even months after she was announced as Biden’s choice for OMB director. Sen. Bernie SandersBernie SandersSanders on Cheney drama: GOP is an 'anti-democratic cult' Briahna Joy Gray: Biden campaign promises will struggle if Republicans win back Congress Biden backs COVID-19 vaccine patent waivers MORE (I-Vt.), whose committee has jurisdiction over her nomination, was not consulted before she was named.

White House officials pushed back on the idea that there had been insufficient coordination and outreach.

Psaki has said Tanden met with 44 senators. One official familiar with her confirmation efforts said the White House has emphasized the historic nature of her nomination and argued that Tanden’s difficult upbringing and government experience make her especially qualified for the role.

The White House has also highlighted Haaland’s historic nomination and her strong relationships with tribal groups, her familiarity with small-business owners and her bipartisan relationships, the official said.

Haaland’s path forward was closely watched as Sen. Steve DainesSteven (Steve) David DainesHillicon Valley: DOJ to review cyber challenges | Gaetz, House Republicans want to end funding for postal service surveillance | TikTok gets new CEO Senators introduce bipartisan bill to protect personal travel data Wyden-Paul bill would close loophole allowing feds to collect private data MORE (R-Mont.) and others dug in on their opposition, but Manchin’s support appears to pave the way for her confirmation.

“While we do not agree on every issue, she reaffirmed her strong commitment to bipartisanship, addressing the diverse needs of our country and maintaining our nation’s energy independence,” Manchin said in a statement.

The episode underscored the outsized influence moderates like Manchin and Sen. Kyrsten Sinema (D-Ariz.) carry in such a narrowly divided chamber, where one Democratic defection could derail a Cabinet nominee.

Becerra had met with at least 40 senators as of Monday, including members of both parties, the official said. The case for Becerra’s confirmation has centered around his work on health policy while in Congress and his managerial experience as California attorney general, where he focused on protecting consumers and patients from corporate abuses of power and defending the Affordable Care Act in court.

If confirmed, Becerra would be the first Latino secretary of Health and Human Services at a time when people of color are disproportionately getting sick and dying of COVID-19.

Conservative groups have run ads questioning his experience for the role and urging senators to oppose his nomination. Becerra filed more than 100 lawsuits challenging the Trump administration’s regulations on health care, the environment and immigration, making him a target for pro-Trump lawmakers, especially those who hope to run for president in a few years.

Some supporters of the nominees have suggested that racism or sexism may be playing a role in opposition to the nominations.

“Let me say this, both Attorney General Becerra and I, throughout our careers, have been the only Latino in the room,” said Sen. Alex PadillaAlex PadillaPadilla introduces bill to expand California public lands Senate Democrats push Biden over raising refugee cap Hispanic Caucus energized by first Biden meeting MORE (D-Calif.), who introduced Becerra to the Senate Finance Committee on Wednesday for his confirmation hearing.


“Sadly, Xavier and I are not unfamiliar with being held to different standards.”

Manchin, who previously announced he opposed Tanden due to her “overtly partisan statements,” said Wednesday that his opposition was not personal and had nothing to do with her gender.

“I just want to bring people together in a bipartisan way,” Manchin told reporters.

Manchin has not said whether he will support Becerra, who some Republicans and conservative groups have painted as an extremist on abortion with no relevant health care experience that would prepare him to lead one of the largest federal agencies.

Manchin’s office did not respond to requests for comment.

Sen. Ron WydenRonald (Ron) Lee WydenPutting a price on privacy: Ending police data purchases Overnight Health Care: Biden sets goal of at least one shot to 70 percent of adults by July 4 | White House to shift how it distributes unallocated vaccines to states Pallone commits to using 'whatever vehicle I can' to pass Democrats' drug pricing bill MORE (D-Ore.), who chairs the Senate Finance Committee, which will eventually vote on Becerra’s nomination, told reporters this week he hasn’t heard any concerns from Democrats about the nominee.


But just one defection from a Senate Democrat on any of the three nominees would require GOP support for confirmation.

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyCheney drama exposes GOP's Trump rifts The Hill's 12:30 Report - Presented by ExxonMobil - Florida's restrictive voting bill signed into law The Hill's Morning Report - Presented by Emergent BioSolutions - Facebook upholds Trump ban; GOP leaders back Stefanik to replace Cheney MORE (R-Utah), considered a swing vote for Biden nominees, told Becerra on Tuesday during a Senate Health Committee hearing: “I think we can reach common ground on many issues” except for abortion.

Romney told reporters he is “still evaluating” Becerra but the nominations of Haaland and Tanden “present some real questions and challenges.”

Democrats are also watching GOP Sens. Susan CollinsSusan Margaret CollinsCheney drama exposes GOP's Trump rifts House to advance appropriations bills in June, July Manchin touts rating as 'most bipartisan senator' MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiPollster Frank Luntz: 'I would bet on' Trump being 2024 GOP nominee Trump muddles Republican messaging on Afghanistan Trump drama divides GOP, muddling message MORE (Alaska), two moderates who have voted for some of Biden’s other nominees.

Neither senator has said how they will vote on the Becerra nomination, and their offices didn’t respond to requests for comment, but Collins and Murkowski didn’t raise any criticism of him or express any concerns during the Senate Health Committee confirmation hearing Tuesday, breaking with some of their Republican colleagues who sit on the panel.

While other Republicans have cited Becerra’s support for abortion rights as one of the reasons they won’t support him, Collins and Murkowski are the only Senate GOP members who say they support access to abortions.


Murkowski is also the only remaining independent-minded Republican who has not said how she plans to vote on Tanden; Biden would need at least one Republican to vote in her favor given Manchin’s stated opposition.

“Obviously, Lisa Murkowski would win major points with the president who will be there for the next four years -- and live up to her independent party label -- if she ends up voting for Neera Tanden, and that’s probably not lost on her,” said Adam Green, cofounder of the Progressive Change Campaign Committee.

The confirmation process has been delayed and complicated as senators were forced to balance hearings with work on Biden’s coronavirus proposal and former President TrumpDonald TrumpVeteran accused in alleged border wall scheme faces new charges Arizona Republicans to brush off DOJ concern about election audit FEC drops investigation into Trump hush money payments MORE’s impeachment trial. The Trump administration’s delay of the transition in November also impacted the confirmation process, Biden officials say.

The pace of confirmations has fallen behind that of former Presidents Trump, Obama and George W. Bush.

Some of Biden’s early nominees received considerable bipartisan support, and Democrats are pushing to quickly confirm more officials this week. William BurnsWilliam BurnsSenate Intel vows to 'get to the bottom' of 'Havana syndrome' attacks Dozens of scientists call for deeper investigation into origins of COVID-19, including the lab theory US investigating possible 'Havana syndrome' attack near White House: CNN MORE, a career diplomat, appeared on the path to bipartisan confirmation for CIA director Wednesday as the Senate Intelligence Committee held a hearing on his nomination.

“Controversy about some nominees is hardly a rare occurrence,” said William Howell, a professor at the University of Chicago Harris School of Public Policy. “Presidents have to nominate so many people and these politics are so thick and the divisions between Democrats and Republicans are so great, that invariably there are going to some that hit a snag.”

Rachel Frazin and Jordain Carney contributed.