2014 for McSweeny

The Senate closed for business yesterday without confirming FTC Commissioner nominee Terrell McSweeny.  As no deal was reached between the Democrats and Republicans regarding the bulk of the pending nominees, Ms. McSweeny will have to start the nomination process over again for the second session of the 113th Congress next calendar year.  However, given that she is considered a noncontroversial pick, there is reason to believe that she, along with a number of the other pending nominees from this year, will move quickly through the committee process and be eligible for Senate confirmation before spring.

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

Fallout From “Nuclear Option” May Delay FTC Commish Confirmation

Today’s Washington Post discusses the ramifications of the historic vote taken last Thursday by Senate Democrats changing its rules to require a simple majority, rather than 60 votes, to confirm most Executive nominees.  The article notes that

In an early sign of ill feelings, Republicans on Thursday evening would not agree to confirm a slew of low-profile nominees by unanimous consent, as is customary in the Senate before an extended break, according to senior Democratic aides.

Though it is not known whether FTC Commissioner nominee Terrell McSweeny was one of the candidates on Thursday night’s slate, McSweeny is considered to be the sort of noncontroversial candidate that typically is confirmed by the Senate by unanimous consent.  Now her timeline for confirmation may be delayed as collateral damage in the political blowback from last week’s change to the rules of filibustering.

posted by Anant Raut