Gupta was the second Indian-American nominee of President Joe Biden to run into difficulties in the Senate, which must approve all senior appointments, because of previous policy stances as well as divisive tweets. Neera Tandon, who was nominated to the important cabinet position of the director of the Office of Management and Budget, withdrew herself from consideration after it became clear that she would face opposition from Democrats in addition to all the 50 Republicans making her confirmation impossible.

But Gupta was able to keep the support of all the Democrats and get one crucial Republican vote in the full Senate. Vice President Kamala Harris was ready to cast a tie-breaking vote as the Senate president if the votes had been split 50-50. Murkowsi, who represents Alaska, said that Gupta “has demonstrated throughout her professional career to be deeply, deeply committed to matters of justice.”