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Illustration: Eniola Odetunde/Axios

President-elect Joe Biden is daring Senate Republicans with Cabinet picks and nominees who have grated on the party but also have flaws that could now give the GOP an easy out for rejecting them.

Why it matters: Familiar faces like Denis McDonough, Tom Vilsack and Neera Tanden may be comfort food for the president-elect’s soul, but they're flashbacks to an era wherein Republicans sought to obstruct Democratic people and policies.

"They're likely to lose a significant number of Republican votes," said former Republican Sen. John Sununu of New Hampshire. "And depending on exactly how the Democrats in the Senate respond to the issues, and decide to vote themselves, these are nominees that could find themselves in trouble.”

  • Biden picked McDonough to be secretary of Veterans Affairs even though the former White House chief of staff has never served in the U.S. military.
  • Vilsack has been tapped for Agriculture secretary despite holding the job for both of President Obama's terms, and after most recently earning nearly $1 million a year heading a dairy advocacy group.
  • Tanden has been pegged for the Senate-confirmable post of director of the Office of Management and Budget without major governmental budgeting experience — and following eight years of caustic anti-Republican tweets.

Transition spokesperson Andrew Bates said, "President-elect Biden has announced tested, qualified nominees who can meet this moment of unrelenting crisis and are ready to hit the ground running on Day One, reach across the aisle and deliver immediate relief for the American people."

Sen. John Cornyn's communication director tweeted last week that Tanden "stands zero chance" of being confirmed. The Texas Republican himself told Axios' Alayna Treene: “I think it's a really a misstep by the administration."

Many individual Democratic constituencies also are unhappy with some of Biden's choices. That could spell collective trouble for him when a Cabinet that is supposed to “look like America“ is completed in the next couple weeks.

Black Democrats are upset Rep. Marcia Fudge (D-Ohio) was passed over for Agriculture and tapped for what some perceive as a token African American slot: secretary of Housing and Urban Development.

  • The Congressional Black Caucus had lobbied for Fudge to head Ag since the agency doesn’t just help farmers but devotes resources to programs providing food and other assistance to poor families.
  • The CBC now faces the prospect of a white man or woman heading the Justice Department amid talk Judge Merrick Garland, Sen. Doug Jones (D-Ala.) or former Assistant Attorney General Sally Yates are finalists for attorney general.

The president-elect also selected Lloyd Austin to serve as Defense secretary even though the retired general will require a waiver because he has not been out of the armed forces for seven years.

  • Sens. Elizabeth Warren of Massachusetts, Richard Blumenthal of Connecticut and Jon Tester of Montana — all Democrats — told The Hill they are opposed to granting the waiver. Sens. Tammy Duckworth of Illinois and Kirsten Gillibrand of New York also oppose it.

A source close to Senate Majority Leader Mitch McConnell previously told Axios the powerful Republican won't support any "radical progressives" for the Cabinet.

His true power, though, hangs on the outcome of two special elections in Georgia next month. If the GOP wins just one, it will give the party at least a 51-49 majority, just enough — theoretically — to dictate confirmation outcomes.

  • Two losses will result in a 50-50 split, empowering Vice President Kamala Harris to cast tie-breaking votes in favor of Biden’s nominees.

Flashback: McConnell already showed with his recent Supreme Court strong-arming he isn’t afraid to act with impunity — so long as he has the votes to back it up.

Go deeper

Mike Allen, author of AM
Jan 16, 2021 - Politics & Policy

What business wants from Biden

Illustration: Sarah Grillo/Axios

Top corporate leaders tell me President-elect Biden's Cabinet and West Wing picks appear to be animated more by competence than by ideology, making business optimistic about working with the new administration.

Why it matters: Biden will probably ultimately raise the taxes of these CEOs and other executives. But after the Trump years, what CEOs really want is a government that functions and that they can deal with comfortably.

Scoop: Comms director for gun-toting congresswoman quits

Rep. Lauren Boebert during the Electoral College debate. Photo: Congress.gov via Getty Images

The communications director for Rep. Lauren Boebert of Colorado, a firebrand Republican freshman who boasts about carrying a gun to work, has quit after less than two weeks on the job.

Why it matters: Ben Goldey’s resignation cited last week's insurrection at the U.S. Capitol, which came amid efforts by Boebert and other Republican lawmakers to block certification of President-elect Joe Biden’s Electoral College victory. Her rhetoric on the issue mirrored President Trump's, which has fueled baseless election conspiracy theories and resulting violence.

Biden will reverse Trump's attempt to lift COVID-related travel restrictions

Photo: Tasos Katopodis via Getty

The incoming Biden administration will reverse President Trump's last-minute order to lift COVID-19 related travel restrictions, Jen Psaki, the incoming White House press secretary, tweeted.

Why it matters: President Trump ordered entry bans lifted for travelers from the U.K., Ireland, Brazil and much of Europe to go into effect Jan. 26, but the Biden administration will "strengthen public health measures around international travel in order to further mitigate the spread of COVID-19," Jen Psaki said. Biden will be inaugurated on Wednesday, Jan. 20 and Trump will no longer be president by the time the order is set to go into effect.