Senate Vote on EBSA Nominee Fails

The vote will be rescheduled for when Vice President Kamala Harris can break the tie.

The Senate vote to confirm President Joe Biden’s nominee to lead the Employee Benefits Security Administration within the Department of Labor was narrowly rejected Wednesday, but another vote on the nomination is expected.

The Senate vote on the nomination of Lisa Gomez to serve as assistant secretary of labor for the Employee Benefits Security Administration failed 49-51. Majority Leader Chuck Schumer, D-New York, voted against the nomination, allowing him to bring it to the floor again in the future.

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Seats in the Senate are split evenly between Democrats and Republicans, but Democrats maintain a slim voting majority in the body due to Vice President Kamala Harris’ ability to cast tie-breaking votes. Because she was out of town, she was not able to vote to push the nomination through.

“I fully support Lisa Gomez’s nomination to lead EBSA and am confident she’s the right person for the job,” says Senate Health, Education, Labor and Pensions Committee Chair Senator Patty Murray, D-Washington. “The vote today shows that we will ultimately have the votes we need to confirm this highly qualified nominee—and I look forward to getting that done as soon as possible.”

It was not clear on Wednesday afternoon when Senate Democrats might bring the nomination back for another vote.

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