Senate Confirms M. Patricia Smith as Solicitor of Labor

On February 4, 2010, the Senate confirmed President Obama’s nomination of M. Patricia Smith to serve as Solicitor for the Department of Labor. The 60-37 party-line vote confirming Smith’s nomination ends a long confirmation process that started when Obama first announced his intention to nominate Smith on March 19, 2009.

The Senate HELP Committee approved Smith’s nomination on October 7, 2009, but the ranking Republican on the Committee, Sen. Michael B. Enzi (R-WY), placed a hold on the nomination because he believed that Smith made inconsistent statements during her confirmation hearing concerning the New York Wage Watch program. That program, which was formed while Smith was the Commissioner for the New York State Department of Labor, allows labor unions and groups advocating on behalf of low-wage immigrants to work with New York state officials to uncover wage and hour violations. As a result of that hold, Smith needed 60 votes to bring her nomination to the Senate floor for debate. On February 1, 2010, the Senate voted 60-32 along party lines to begin debate over Smith’s confirmation as the Solicitor of Labor.

As Solicitor of Labor, Smith will represent the DOL in litigation and alternative dispute resolution and provides legal opinions and advice regarding DOL activities.