If Republicans win either of the Georgia runoff races between Perdue and Ossoff and Loeffler and Warnock they are likely to continue to control the Senate.
Now, rather than work with cabinet picks that Mitch McConnell can live with, a progressive group is urging Biden to skip Senate confirmation on cabinet picks using legal loopholes.
Jeff Hauser, founder and director of the Revolving Door Project said “There are legal tools are available and Biden should be unafraid to use every legal tool available — just as McConnell has used to stack the courts.”
According to the Huffington Post “The two main options center around using a law called the Vacancy Act, and appointing officials when the Senate is in recess. Transition officials have so far been unwilling to discuss what sort of strategies they’re considering.The first option is a 1998 law that allows a president to temporarily fill vacant executive branch positions that typically require Senate confirmation with “acting” secretaries.”
David Segal, who runs the group Demand Progress says “There’s no need to heed to McConnell’s demands to install corporatists,” adding “He’s got to [appoint liberal Cabinet members] if he’s got any chance to attack the crises before us and stave off total democratic collapse in the midterms.”
The report adds “Biden’s administration could also make appointments when the Senate is in recess, according to Segal. But the Senate has, in the past, blocked the president from making recess appointments by scheduling “pro forma” sessions ― when the Senate meets for a very short time to avoid technically being in recess. These acting appointments aren’t without drawbacks. Government experts say they don’t have the full authority within their departments of someone who is Senate-confirmed, and their temporary nature makes it harder for them to implement a full agenda.”