In a move that underscores the law of unintended consequences, Senators Kyrsten Sinema (I-AZ) and Joe Manchin (I-WV) dealt President Joe Biden and the Democratic Party a stinging defeat on Wednesday. By joining Senate Republicans to block the renomination of Lauren McFerran to the National Labor Relations Board (NLRB), they not only dashed Biden’s hopes of securing Democratic control of the board for the next five years but also handed the incoming Trump administration an opportunity to reshape the labor agenda.
The vote, which ended 49-50 against McFerran’s renomination, was a stunning rebuke to the Biden administration and outgoing Senate Majority Leader Chuck Schumer (D-NY). Schumer lamented the loss, calling it “a direct attack on working people,” but the broader context reveals a more complex and ironic dynamic at play.
Sinema and Manchin, both of whom left the Democratic Party after years of relentless harassment and vilification, seem to have delivered a well-timed reminder to their former colleagues. These two senators were not just criticized but targeted—Sinema was followed into a bathroom by activists, and both faced incessant pressure to eliminate the filibuster to allow Democrats to bulldoze their legislative priorities.
Their refusal to comply, driven by a commitment to institutional integrity, earned them the ire of the far-left. But on Wednesday, their independence paid dividends for those who oppose unchecked Democratic control.
In one of their final acts in office, Sinema and Manchin nuke a Biden pick for the National Labor Relations Board in a big loss for organized labor.
— Steven Dennis (@StevenTDennis) December 11, 2024
McFerran’s renomination was critical to maintaining Democratic control of the NLRB, an agency viewed by many as a rubber stamp for big unions under Democratic leadership. Her confirmation would have ensured that Democrats could pursue a pro-union agenda throughout President-elect Donald Trump’s second term. With McFerran blocked, Republicans will now have the chance to steer the board in a different direction, potentially reversing policies that critics argue unfairly favor unions at the expense of businesses and workers who prefer independence.
The blocked confirmation also reflects a rejection of the labor agenda Democrats pushed during Biden’s presidency. Voters sent a clear message in the November elections by rejecting the Democratic platform in key battlegrounds, including Arizona and West Virginia. Allowing McFerran to continue shaping labor policy would have ignored that message entirely.
Schumer’s frustration is understandable, but it also rings hollow. The Democratic Party’s treatment of Sinema and Manchin over the past several years has been nothing short of scorched-earth. By driving these senators out of their ranks, Democrats forfeited the very votes they needed to push through their agenda. The irony is palpable: in their pursuit of absolute power, they alienated two of their most pragmatic members, and now the consequences are coming home to roost.
Sinema and Manchin’s resistance to the party’s extremes—on issues like the filibuster, labor policy, and judicial confirmations—has preserved vital institutional norms and delivered a much-needed check on one-party overreach. Blocking McFerran’s renomination was just the latest example of their commitment to putting principle over party loyalty.
