McSweeny Nom May Stay Pending Into 2014

Politico reports today that Senate Majority Leader Harry Reid (D-NV) is threatening to keep the Senate in session through Christmas to confirm a slew of Presidential appointees.  However, he has signaled a willingness to limit it to a quick confirmation of four nominees (Alejandro Mayorkas, Dep Sec DHS; John Koskinenen, Commissioner IRS; Brian Davis, FL district court; Janet Yellen, Chairman Federal Reserve), provided that the remaining executive and judicial nominees stay pending in 2014.

Under normal circumstances, with the expiration of the first session of the 113th Congress at the end of the calendar year, any executive and judicial nominees who had not yet been confirmed by the full Senate would have to start the process over again next year, and once again go through the committee confirmation process.  This would include Terrell McSweeny, nominated for the next Commissioner of the Federal Trade Commission.  As has been previously reported on this blog, McSweeny is considered a noncontroversial nominee, and in other Congresses would have been voted through by unanimous consent (UC) of the Senate.  Since Reid’s invocation of the “nuclear option,” Senate Republicans have twice rejected a slate of UC candidates proposed by the Democrats, which may have included McSweeny.

Should Republicans agree to Reid’s deal, then even if McSweeny is not confirmed before year’s end, she would be eligible for confirmation by the Senate as soon as it is back in session next year.

posted by Anant Raut

McSweeny Confirmation Before Year’s End?

As reported previously on this blog, Terrell McSweeny, voted out of Senate Commerce Committee earlier this fall, remains one step away from confirmation as Commissioner of the Federal Trade Commission, requiring a vote by the full U.S. Senate.  McSweeny is not considered a controversial candidate, and is widely expected to receive bipartisan support.  She will most likely be confirmed by unanimous consent (UC).

Last month, a slate of candidates, which may have included McSweeny, was put together for a UC on the same day that Senator Reid invoked the so-called nuclear option (changing the confirmation requirement to a simple majority).  Republicans objected to the historic rule change, and the UC slate was never voted upon.

On Monday, a slate of UC candidates was again prepared for a vote (which may have included McSweeny). Republicans, still objecting to the change in voting rules, refused to go along, and the nominees never made it to the floor of the Senate.

Since Monday, the Democrats have been invoking the simple majority rules to confirm a handful of high-profile candidates, such as Rep. Mel Watt (D-NC) as the new head of the Federal Housing Finance Agency.

Republicans retain the ability to delay each confirmation vote with 30 hours of debate.  While they may do so with some of the remaining high-profile candidates, a number of Hill observers note that some Republicans have already voted in favor of  the nominees this week, and believe that the Republicans will agree to pass a slate of non-controversial candidate in the final days of voting next week before the Christmas recess, which, again, may include McSweeny.

posted by Anant Raut