Is FDA Commissioner Nominee in Jeopardy?
FDA commissioner nominee Robert Califf is reportedly losing Senate backing and the White House has been slow to help advance his confirmation standing. Five Democrats — Sens. Bernie Sanders (I-VT), Joe Manchin (D-WV), Ed Markey (D-MA.), Maggie Hassan (D-NH) and Richard Blumenthal (D-CT) — have signaled opposition to Califf’s nomination, but even more remain on the fence, according to a Politico report. Earlier this month, only four Senate Health Committee Republicans — Sens. Richard Burr of North Carolina, Susan Collins of Maine, Lisa Murkowski of Alaska and Mitt Romney of Utah — supported him in a vote that moves his nomination to a full Senate vote probably sometime next month. Burr has been leading the charge to generate more Republican support.
“If the vote were held today, he would not have the votes,” one person with knowledge of the matter told Politico. President Biden probably thought he had a sure bet when he picked Califf for the post in November, especially since he held the post in 2016 and was then confirmed in an 89-4 vote. The White House reportedly is stepping up support now and has dispatched senior aides like chief medical adviser Anthony Fauci, Covid-19 coordinator Jeff Zients and White House staff secretary Neera Tanden to lobby on Califf’s behalf.
Some lawmakers have cited concern about Califf’s ties to industry. He most recently led health strategy and policy at Alphabet, Google’s parent company, and was paid millions in stock and more than $2.7 million in salary and bonuses. He must also divest holdings in health care companies including Amgen, Gilead Sciences, Bristol Myers Squibb and Walgreens Boots Alliance. Several GOP lawmakers have reportedly cited FDA’s recent decision to loosen abortion pill dispensing requirements as reason to oppose Califf. In December, FDA moved forward with a plan to allow patients to obtain a mailed prescription for abortifacient mifepristone through a telehealth appointment.
Alston & Bird attorney Marc Scheineson, who served as associate commissioner for legislative affairs under former FDA commissioner David Kessler, told Politico it is premature to discount Califf’s vote potential. “I think the White House gets the idea this is a priority for them, and between their leverage and Burr’s, the dynamics are good,” Scheineson said. “I’ve heard this will be scheduled or is being considered for the first week of February — obviously, that scheduling depends on having the votes.”