Washington D.C. – In a recent letter sent to President Biden, U.S. Senator Katie Britt and 29 Senate colleagues have expressed their concerns regarding the Biden Administration’s decision to list Acting Secretary of Labor, Julie Su, in the presidential line of succession despite her lack of Senate confirmation.
The letter highlights that since March 14, 2023, the Senate has refused to confirm Ms. Su’s nomination as Secretary of Labor, with bipartisan opposition to her appointment. Nonetheless, the Administration has chosen to maintain her position as Acting Secretary of Labor indefinitely and even includes her in the Cabinet’s order of succession to the presidency.
The Senators assert that under Article II of the Constitution, Congress has the authority to determine the presidential line of succession beyond the Vice President, as exercised through the Presidential Succession Act of 1947. The Act specifies that Cabinet members can assume the presidency only if they are officers “appointed, by and with the advice and consent of the Senate.”
The letter calls on the Administration to clarify its stance on Ms. Su’s eligibility for the presidential line of succession. Additionally, it reiterates the Senators’ previous request for the President to withdraw Ms. Su’s nomination and nominate a candidate capable of securing bipartisan support for the position of Secretary of Labor.
Senator Britt voiced concerns over the Administration’s actions, stating, “The Biden Administration continues to attempt to rule by unilateral decree rather than govern with the advice and consent of Congress. Ms. Su doesn’t even have adequate support from members of her own party in the Senate to be confirmed as Secretary of Labor.”
The Senators emphasize that suggesting Ms. Su’s eligibility for the presidential line of succession contradicts fundamental principles of the U.S. government, as she has neither been elected by the people nor approved by their elected representatives as a member of the Cabinet.