10 Questions Julie Su Is Afraid to Answer in Front of the American People

Acting Labor Secretary Julie Su will have a new nomination hearing on Tuesday, but there’s a catch: She won’t be there, and Senators won’t be able to ask her any questions.

Julie Su, President Biden’s pick for Secretary of Labor, has remained in an acting role for an unprecedented 11 months after her nomination failed to earn enough support for confirmation on the Senate floor. Despite continued opposition in Congress, Biden renominated her for the position last month.

Ordinarily, a cabinet-level nominee would face a full, televised hearing before the relevant congressional committee to give the people’s elected representatives the opportunity to ask questions and voice the concerns of their constituents. Julie Su, however, has different plans.

Under the rule of Chairman Bernie Sanders, the Senate Health, Education, Labor, and Pensions (HELP) Committee will instead hold a closed-door executive session to rubber-stamp Su’s nomination. It does not appear that Senators will have any opportunity to question the nominee––in fact, she likely won’t even be required to appear in person. Moreover, as the HELP website states, “There is no video broadcast for this event.”

Here are ten questions Julie Su is too scared to answer in front of the American people:

1. How many independent contractors will be displaced by the overly vague final rule you released?

The Department of Labor published a final rule during Julie Su’s acting tenure which aims to make it harder to classify oneself as an independent contractor, instead pushing them into W-2 employee status or out of work entirely. The rule is similar to Su’s flagship anti-independent contractor legislation in California, AB 5, which led to drastic reductions in self-employment and overall employment in the state.

2. How many Americans do you predict will pay higher taxes as a result of your independent contractor rule?

A study commissioned by Americans for Tax Reform and the Tholos Foundation found that if Su’s ABC test were applied on a nationwide basis, 56 percent of the independent contractors who would be forced into W-2 employment status would pay higher taxes. Ninety-six percent of those workers who will have a higher tax burden––about 7.5 million workers––make less than $400,000 per year, once again violating Biden’s pledge to not raise taxes on anyone earning less than that amount. Su should know how many Americans will end up paying higher taxes under DOL’s new independent contractor rule.

3. Are you prepared to defend your enforcement of California Assembly Bill 5?

In a previous hearing, Su refused to support California Assembly Bill 5, which forcibly reclassified independent contractors as full time employees. This law led to nearly one million Californians losing work. Although Su was a chief architect and enforcer of AB-5, she repeatedly dodged questions regarding its controversial legacy.

4. Do you believe you failed in your oversight of California’s unemployment insurance program?

As the head of California’s Labor and Workforce Development Agency, Su oversaw widespread failures in the state’s unemployment insurance system, distributing more than $11 billion in fraudulent claims during the COVID-19 pandemic. According to some estimates, an additional $19 billion in claims may have been improperly distributed. Congress should ask whether Julie Su takes personal responsibility for these failures, and why she should now be trusted to run a department that oversees operations in all fifty states.

5. Do you view the Department of Labor as an instrument for the policy preferences of agency leadership?

Su has supported President Biden’s goal to be the “most pro-union administration in American history.” This rhetoric has aided speculation that Su does not view the Department of Labor as an enforcement vessel for congressional legislation.

6. Are you confident in your ability to preside over labor disputes in a neutral and impartial manner, especially given your lack of experience?

Critics have cited Su’s non-existent experience in resolving labor strikes as a major weakness to her nomination. Lawmakers expressed concern over this lack of experience during Su’s previously failed confirmation. As California’s Secretary of Labor, Su also gained a national reputation for her pro-union philosophy, which alienated a large portion of the state’s business community. Critics are concerned over Su’s possible ideological bias, which has been further confirmed by widespread union support for her nomination.

7. Do you still support the PRO Act, and would you work to defend similar ideals while serving as Secretary of Labor?

Su has previously been a vocal supporter of the PRO Act, which would impose compulsory union membership on American workers, regardless of their want or need for labor agreements. Like President Biden himself, Su’s previous statements have cemented her as an enemy of right-to-work legislation.

8. Do you believe that Americans have the right to a department head who has actually achieved confirmation by their elected legislators?

The checks and balances between branches of the federal government form the backbone of our constitutional system. During her tenure as Acting Secretary, Julie Su has undermined these safeguards by continuing to serve without the advice and consent of the Senate. Americans should know whether Su believes they have a say in who serves at the cabinet level.

9. What has changed since your previous failure to earn confirmation that you believe now makes you qualified to be Secretary of Labor?

Julie Su failed to earn confirmation last year due to opposition from both Republicans and Democrats, none of whom have since publicly expressed a change in opinion. On the policy front, Su has taken actions which prove her to be the pro-union extremist that legislators feared she may be. If nothing has changed, then Su shouldn’t waste Congress’s time by continuing to pursue a dead-end nomination.

10. If you once again fail to earn the votes for confirmation, will you step down? If not, do you believe it is constitutional to continue your tenure if you fail to be confirmed for a second time?

Julie Su has spent nearly a full year as Acting Secretary, breaking all precedent after failing to earn enough votes for confirmation. No Cabinet nominee has ever served longer in an acting role while her party has controlled both the White House and the Senate. When she inevitably fails to earn the votes on the floor again, Su should step aside and allow a confirmable nominee to come forward.