Two Democratic lawmakers joined with Republicans to vote against advancing President Joe Biden’s nominee to serve as assistant secretary of the Labor Department on Nov. 28.
Democrats only hold a slim 51–49 majority in the Senate, meaning they cannot afford two votes against the nomination.
Senate Majority Leader Chuck Schumer (D-N.Y.) switched his vote to “no” just before voting closed, a procedural move that will allow him to bring up Mr. Rodriguez for another vote, or to reconsider his nomination, in the future.
It is not clear if or when Mr. Schumer plans to do so although the move would still require either Mr. Manchin or Mr. Menendez to flip their “no” votes to “yes.” If that fails, Vice President Kamala Harris will be called in to cast her tie-breaking vote on the nomination.