Just when it seemed that labor lawyer Lisa Gomez might finally be confirmed to lead the Employee Benefits Security Administration (EBSA)—after waiting for nearly a year—it looks like her wait will continue.
The U.S. Senate voted 49-51 on June 8 against her nomination by a near-party line vote. When it became evident that Senate Democrats did not have enough votes to confirm Gomez, Senate Majority Leader Charles Schumer (D-NY) voted “no” on her nomination, which will allow him to bring it back up for a second vote. When the vote occurred, Vice President Kamala Harris was not in Washington and so could not be on hand to cast the tie-breaking vote.
Sen. Lisa Murkowski (R-AK), who voted for Gomez during the Senate Health, Education, Labor and Pensions (HELP) Committee’s consideration of her nomination, voted “no” when the nomination reached the full Senate.
In a statement following the vote, Senate HELP Committee Chair Patty Murray (D-WA) said, “I fully support Lisa Gomez’s nomination to lead EBSA and am confident she’s the right person for the job. The vote today shows that we will ultimately have the votes we need to confirm this highly qualified nominee—and I look forward to getting that done as soon as possible.”
President Biden announced the Gomez nomination in July 2021, but she had to be renominated in January 2022 after the Senate adjourned for the year without considering her nomination. She also had to be considered again by the Senate HELP Committee, which first held a hearing on her nomination last October. Her nomination apparently stalled after several Republican senators sought more information about her views on ESG investing.
And when it looked like she might finally get a vote in April, two Senate Democrats and Vice President Harris tested positive for COVID, forcing the Senate to delay a vote on her nomination because of the Democrats’ narrow margin in the Senate.
Gomez is a partner at the labor law firm Cohen, Weiss and Simon LLP, representing employer and union pension plans. She joined the firm in 1994, became a partner in 2002 and currently serves as Chair of the firm’s Management Committee.
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