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Illustration: Sarah Grillo/Axios

Joe Biden’s team is considering an informal ban on naming Democratic U.S. senators to the Cabinet if he wins — which would effectively block Elizabeth Warren for Treasury or Bernie Sanders for Labor — people familiar with the discussions tell Axios.

The big picture: Biden, if he wins, is bracing for bruising legislative battles on day one, starting with the next phase of coronavirus relief. Many advisers don’t think he can afford to lose a single vote in the Senate if Democrats hold a slim majority.

  • Biden himself hasn’t made a decision on a potential Senate ban, with his efforts focused on winning on Tuesday, the sources say.

The intrigue: An informal ban could also be an elegant way of tamping down campaigns to place progressive senators in top Cabinet roles by reminding the movement of the priority around enacting legislation.

  • Warren and Sanders both come from an unusual construct — blue states with Republican governors who'd be empowered to fill vacancies.
  • There might be a way for a Democratic supermajority in the Massachusetts legislature to force Gov. Charlie Baker to appoint a Democrat.
  • Vermont Gov. Phil Scott said on Friday that if Sanders joins a potential Biden administration, he would consider a "more left-leaning type of independent that would obviously caucus with the Democrat" to replace him.

Be smart: Progressives are trying to build momentum for Warren and Sanders, to press a prospective Biden administration to embrace economic justice and eschew traditional special interests.

  • Some members of Biden’s inner circle are deeply skeptical about handing Treasury, which will play a key role in any economic recovery to Warren, who has expressed interest in the job.

Between the lines: If strictly applied, an informal ban also would dash Cabinet hopes for senators from states with Democratic governors, such as Chris Coons, Tammy Duckworth, Amy Klobuchar and Chris Murphy.

  • Biden is close to several of them and would have to gently tell them their services are needed more in the Senate.

But, but, but: If Democrats can secure a comfortable margin in the Senate, there’s less of an argument that losing a single seat would crimp Biden’s agenda.

Editor's note: This post has been updated with a quote from Vermont Gov. Phil Scott.

Go deeper

Senate Mischief Makers

Illustration: Sarah Grillo/Axios

In a closely divided Congress, the Senate’s Mischief Makers could thwart their leaders' best-laid plans with their own agendas.

Why it matters: On Wednesday night, we shared a list of House members who our leadership sources on the Hill consider some of the top troublemakers. But their Senate counterparts may be even more impactful in a 50-50 chamber, where Vice President Kamala Harris holds the tiebreaking vote.

Scoop: Stephanie Murphy announcing challenge to Marco Rubio

Rep. Stephanie Murphy. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Democratic Rep. Stephanie Murphy is planning to announce a campaign for the U.S. Senate in Florida against Republican Sen. Marco Rubio in early June, people familiar with the matter tell Axios.

Why it matters: Murphy is a proven fundraiser. Jumping in now would give her an early start to build her case for the Democratic nomination and potentially force Rubio and allied GOP groups to spend heavily to retain a seat in a state that’s trending Republican.

2 hours ago - Politics & Policy

Inside the GOP's infrastructure strategy

Sen. Roger Wicker. Photo: Stefani Reynolds/Bloomberg via Getty Images

Top Republican senators are hoping the White House will make some sort of counteroffer to their infrastructure proposal when they meet with President Biden on Thursday, lawmakers and their aides tell Axios.

Why it matters: This is a sign of how serious the negotiations are, they say. In advance of the meeting, some of the senators are already publicly signaling the areas in which they have flexibility.