FDA nominee faces steep climb

The White House is facing pressure from prominent lawmakers over its pick to lead the Food and Drug Administration, with abortion foes urging Republican senators to reject the nominee, Robert Califf, and with key Democrats withholding support over opioid policies and his industry ties.

Nearly six years after Califf received overwhelming bipartisan support to lead the agency in the final year of the Obama administration, lawmakers and aides are struggling to lock up the votes he needs to clear an evenly divided Senate, where Vice President Kamala Harris serves as the tiebreaking vote.

Few, if any, nominees to the FDA have faced as much opposition on both sides of the aisle, and the agency has been without a permanent commissioner for more than a year. The agency’s agenda includes a series of significant issues: oversight of drugs, tests and devices related to COVID19; the pandemic-related decline in inspections of drug and device manufacturers; and the popularity of flavored electronic cigarette products among teens.

Administration officials have been trying to rally support for Califf and say he continues to have the support of President Joe Biden and top health officials. Senate Democratic leaders also continue to back him publicly. But a date has not been set for his confirmation vote before the full Senate. At least five Democrats are publicly opposing his nomination, so Califf needs at least five Republicans to support him.

“We are confident Dr. Califf will be confirmed with bipartisan support, and it is critical to have confirmed leadership at the FDA in the midst of a pandemic,” Chris Meagher, a White House spokesperson, said. Califf has declined interview requests while his nomination is pending.

This week, some senators seemed uncertain that Califf could survive the divisions over his candidacy. “I’m not sure that’s going to come to a vote, and I’ll make a final decision then,” said Sen. Roy Blunt, R-MO. “I like him as a person. I think he can do the job, and let’s see what else develops between now and the vote.”

Prospects for a quick vote may be further complicated by the absence of Sen. Ben Ray Luján, D-N.M., who is recovering from a stroke. A senior aide to Luján said Wednesday that he remained in the hospital and would return in four to six weeks unless there are complications. Luján voted in favor of Califf at the committee stage.

Notable Democrats — including Sen. Joe Manchin of West Virginia, a key centrist — and Sen. Bernie Sanders, I-VT., have announced they will oppose the nominee over his ties to the pharmaceutical industry and his handling of the opioid crisis during the Obama administration.

“In terms of health care, in terms of the FDA, we need aggressive leadership who are prepared to take on the greed of the pharmaceutical industry,” Sanders said. “Unfortunately, I don’t think Dr. Califf is that person.”