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COVID Absences Likely Further Delay Bedoya Approval; Undecideds Hinder Sohn

Pandemic-related Senate absences could mean further delay in Democrats' bid to confirm FTC nominee Alvaro Bedoya to the FTC, but Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Commerce Committee Chair Maria Cantwell, D-Wash., said Tuesday they’re determined to move forward. Three Democratic senators, meanwhile, still hadn’t committed Tuesday to supporting or opposing FCC nominee Gigi Sohn. The lack of unified Democratic Senate support for Sohn means the nominee’s confirmation prospects remain murky since all 50 caucus members will need to vote to overcome what’s expected to be unified GOP opposition.

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Vice President Kamala Harris, Sen. Ron Wyden, D-Ore., and Sen. Chris Murphy, D-Conn., announced positive COVID-19 tests Monday and Tuesday. Schumer said Sunday the plan was to confirm Bedoya this week (see 2204250062). Murphy tweeted Tuesday he felt mild symptoms overnight. Wyden referenced minor symptoms, noting he tested positive during routine testing. Harris said she has had no symptoms. A spokesperson said Wyden will return after he tests negative and per Centers for Disease Control and Prevention guidance. The other offices didn’t comment.

The Senate needs to "get the people back" before it can act on Bedoya, Cantwell told us. "Some of the names" up for votes "this week," including Bedoya, may now "move to next week" to accommodate the Democratic absences. Bedoya took priority but suggested the Senate might have moved to Sohn "next week" if the absences hadn't delayed proceedings, Cantwell said. "I don't know what to tell you" about the timeline for Sohn until the chamber confirms Bedoya. The Senate narrowly discharged Bedoya’s nomination from Senate Commerce in March, with Harris casting the tie-breaking vote (see 2203300069). The chamber would have to hold a similar discharge vote on Sohn before moving further on her confirmation.

Sens. Catherine Cortez Masto of Nevada, Mark Kelly of Arizona and Joe Manchin of West Virginia confirmed in separate interviews Monday and Tuesday they remain undecided on Sohn (see 2203300069). Kelly and Manchin confirmed they met with Sohn earlier in April, while Cortez Masto hasn’t yet. The Democratic trio and others faced mounting pressure from Sohn’s supporters and opponents to take a position on the nominee, including dueling ad campaigns from the Communications Workers of America and the One Country Project (see 2204250040).

We’ve had some issues with attendance that just arose in the last few hours, but we’re going to continue pushing to get the president’s nominees confirmed,” Schumer said during a Tuesday news conference. “These health issues will not deter us from getting these done.” Schumer, Cantwell and Senate Agriculture Committee Chairwoman Debbie Stabenow, D-Mich., highlighted price gouging during the news conference, with Schumer saying that's among the reasons Bedoya is needed on the FTC. Congress is also exploring legislative options (see 2008050056), he said.

Schumer noted productive conversations about antitrust legislation from Senate Antitrust Subcommittee Chair Amy Klobuchar, D-Minn. She briefed the Democratic caucus on antitrust bills on Big Tech dominance. “We had very good discussions,” said Schumer. “She made a very powerful presentation, and I’m looking forward to working with her to see if we can get 60 votes to get to the floor.” The Senate Judiciary Committee is eyeing a markup for the Journalism Competition and Preservation Act (S-673) during this work period (see 2204200049). Klobuchar recently said the journalism bill could potentially be folded into a Big Tech-focused package for the Senate to consider.

Sen. John Kennedy, R-La., Klobuchar’s GOP partner on the journalism bill, told us Tuesday he hasn’t heard anything about a potential markup. He noted his request that Klobuchar and Judiciary hold a full committee hearing on the bill. “I just don’t believe in trying to cram these things down people’s throats,” he said. “We’ve got to get 60 votes.” Kennedy said not all Judiciary members were able to attend Klobuchar’s subcommittee hearing on the matter. He “strongly encouraged her” to hold a full hearing so “everybody can have their say. I think she’s making a mistake if she doesn’t, but that’s just my opinion.”