Senate Sohn, Bedoya Discharge Vote Timing in Doubt Amid Dem Attendance Issues

It remained unclear Tuesday afternoon if Senate leaders would move to hold initial votes later this week on Democratic FCC nominee Gigi Sohn and FTC nominee Alvaro Bedoya, amid uncertainties about whether all 50 Democratic caucus members will be available to appear on the floor. Senate Commerce Committee Chair Maria Cantwell, D-Wash., and Minority Whip John Thune, R-S.D., told us earlier in the day that chamber Democratic leaders were eyeing floor votes this week to discharge Bedoya and Sohn from the committee’s jurisdiction (see 2203220034). Senate Commerce voted 14-14 earlier this month on Bedoya and Sohn, meaning the full chamber would need to vote to discharge both nominees before lawmakers could act on their confirmations (see 2203030070).

Senate aides and lobbyists told us Bedoya is the likeliest to get a discharge vote this week, but Sohn and Federal Reserve board nominee Lisa Cook were also in the mix. Senate Democratic leaders pressed to confirm both nominees "by April at the latest," said a telecom lobbyist who focuses on Hill Democrats. The Senate is scheduled to be in recess for the weeks of April 11 and 18.

Senate leaders have faced pressure to prioritize Bedoya because his vote is needed to break the FTC’s 2-2 tie amid hopes a majority-Democratic commission will challenge Amazon’s $8.5 billion purchase of MGM, lobbyists said. Amazon closed on the MGM buy last week (see 2203170007), but an FTC spokesperson noted the commission “may challenge a deal at any time if it determines that it violates the law.” The office of Senate Majority Leader Chuck Schumer, D-N.Y., didn’t comment.

There has “been some discussion about whether” Senate leaders will try to hold discharge votes on Bedoya, Cook and Sohn “later this week,” said Thune, who’s also Communications Subcommittee ranking member. Whether the Senate holds discharge votes on any of the trio this week is “going to be [the Democrats’] call” and will be “somewhat based on whether they have enough people here” from the Democratic caucus to get them through. Discharge votes on any of those nominees would likely end up in a “50-50” party-line tie with Vice President Kamala Harris casting the tiebreaker, Thune said.

“It’s all about attendance” on the Democratic side of the aisle, Cantwell said. “If people are there” in enough numbers to ensure a tie, “they’ll try to get it done.” Cantwell is “not going to speculate” on whether all 50 Senate Democrats are now on board with Sohn and Bedoya, alluding to pushback she received after telling reporters last month that Commerce Democratic member Kyrsten Sinema of Arizona backed Sohn before the committee vote occurred.

Sen. Joe Manchin of West Virginia, seen as the most likely swing Democratic vote on Sohn, told reporters Tuesday her nomination “hasn’t been given to me yet.” Manchin’s office didn’t comment. Senate leaders are also eyeing whether Sen. Jeanne Shaheen, D-N.H., will be able to make it to floor votes later this week. She has been absent since testing positive March 13 for COVID-19, Senate aides and lobbyists said.

Shaheen’s office didn’t comment. She was the only Democrat not to cast a vote Monday on invoking cloture on the motion to proceed to the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology and Economic Strength Act (HR-4521), seen as the first in potentially a weekslong series of procedural hurdles (see 2203210063) before moving to conference with the Senate-passed U.S. Innovation and Competition Act (S-1260). Three Democrats -- Manchin, Shaheen and Sen. Bob Casey of Pennsylvania -- missed a Tuesday vote on U.S. District Court nominee Ruth Bermudez Montenegro.

Senate Communications Chairman Ben Ray Lujan, D-N.M., who partially returned to the Senate earlier this month amid his recovery from a stroke, is now “fully back here in the Senate, and working fully and as normal,” a spokesperson said.

“I know there’s talk” of discharge votes on Bedoya and Sohn, but “I haven’t heard anything definite,” said Senate Commerce Committee ranking member Roger Wicker, R-Miss. “I hope” all 50 Senate Republicans uniformly oppose both nominees and “I’m trying to make sure senators understand the importance of these votes.” Sen. Jerry Moran of Kansas said “I know of nothing that has changed that would cause my [Republican] colleagues or me to change” from opposing Bedoya and Sohn.

“As soon as we have 50 Democrats present, we can move forward” on Bedoya and Sohn, said Sen. Brian Schatz, D-Hawaii. It's “our charge” to ensure all 50 Democrats vote for the two nominees, said Sen. Ed Markey, D-Mass. “If there’s unified Republican opposition, there will be no other option.” Sen. Jon Tester, D-Mont., said he thinks Democrats have the support they need, but “I have no reason to know whether we do or don’t truthfully.”