Manchin and Sinema's final middle finger as they leave the Senate
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Sens. Joe Manchin (I-W.Va.) and Kyrsten Sinema (I-Ariz.) delivered their potentially final rebuke to outgoing Senate Majority Leader Chuck Schumer (D-N.Y.) today, surprising him with two "no" votes on a nomination that was deeply important to their old party.
Why it matters: Schumer is closing out the Biden presidency the same way he started it: Wondering if he can count on Manchin and Sinema.
- Both senators, in their own dramatic way, voted to defeat the nomination of Lauren McFarren for another term on the National Labor Relations Board.
- Sinema showed up for her first Senate vote since the Thanksgiving holiday and voted "no" on a procedural vote to kill McFarren's nomination.
With Manchin absent in the Senate, and the vote tied at 49-49, a potential tie-breaking vote from Vice President Harris was possible.
- But Manchin raced across town from a previous engagement to deliver the fatal blow, 50-49.
Zoom in: Schumer was under enormous pressure from progressive senators and labor groups to try to grandfather in Democratic control of the NLRB for the first two years of Trump's presidency.
- With Senate Republicans struggling with absenteeism, Democrats thought they had a shot.
- Leading up to the vote, it was a mystery among many Democratic senators how Manchin and Sinema would vote.
What they are saying: Manchin, who had kept all of Washington guessing on his position, claimed it wasn't even a close call.
- "This is not a surprise to anyone," he said after voting, citing McFarren's position on a new joint employer rule. "It's not personal."
In a statement shortly after the vote, Schumer didn't hide his anger.
- "It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee — with a proven track record of protecting worker rights — did not have the votes," Schumer said.
The other side: Republicans had nearly perfect attendance, with only Sen. Roger Marshall (R-Kan.), who had a planned orthopedic surgery, missing the vote. GOP leaders were aware of his expected absence, according to a person familiar with the matter.
Zoom out: For the last four years, Manchin and Sinema have aggravated both President Biden and the Democratic Party they used to call home.
- In the summer of 2021, Manchin took a chainsaw to Biden's $3.5 trillion Build Back Better agenda and articulated his own redlines. He knocked out key provisions — like extending the Child Tax Credit — and then ultimately killed it.
- He later revived a much smaller package. Then Sinema decided to raise her concerns.
- She fought against some of the corporate tax increases, as well as a plan to target so-called carried interest.
- The two of them also helped to sink previous Biden nominations, including Julie Sue for labor secretary and Saule Omarova for the Office of the Comptroller of the Currency.
The bottom line: Yes, they tend to vote with Schumer on judges, but Democrats they are clearly not.
- Sinema formally left the Democratic Party in late 2022. Manchin did the same in March of this year.
