Trade Law Daily is a Warren News publication.
2-5 GOP Backers Possible

Thune Expects 'Some Republican' Senate Commerce Yes Votes for Gomez, Starks

Senate Communications Subcommittee ranking member John Thune of South Dakota predicted “some Republican support” for advancing Democratic FCC nominee Anna Gomez and incumbent Democratic Commissioner Geoffrey Starks in the Commerce Committee Wednesday. At least three of the 13 panel GOP members were believed to be seriously considering voting for Gomez as of Tuesday afternoon, communications policy lobbyists told us.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Gomez, Starks and renominated Republican Commissioner Brendan Carr were already expected to advance out of Senate Commerce during the Wednesday executive session (see 2307060071), but the extent of bipartisan panel support for the candidates could determine whether chamber Democratic leaders will try to bring them up for floor votes before the August recess, observers said. Senate Commerce will also vote on FCC inspector general nominee Fara Damelin. The meeting will begin at 10 a.m. in 253 Russell.

Senate Commerce Chair Maria Cantwell, D-Wash., offered no prediction during a brief interview Monday on whether all 14 panel Democratic caucus members will vote for Gomez or if any Republicans will vote for the nominee and Starks. Cantwell did note optimism given the tenor of the FCC nominees’ June confirmation hearing (see 2306220067). She’s hopeful Senate Commerce action will clear the way for the nominees’ confirmation, which would bring the FCC’s composition to a 3-2 Democratic majority after a more than two-year-long 2-2 tie while the chamber stalled on ex-candidate Gigi Sohn (see 2303070082).

My expectation is that there will be a few” Republicans who will vote for Gomez and Starks, but they’re unlikely to garner unanimous GOP backing, Thune told us. He hasn’t “yet focused on” whether he will personally back either Gomez or Starks. Thune cited the more positive reception both Democratic nominees got from Republicans during the June hearing, in comparison with party members’ universally negative questioning of Sohn when she testified in February (see 2302140077).

Senate Commerce ranking member Ted Cruz, R-Texas, is all but certain to vote at least against Gomez and may also oppose Starks, lobbyists told us. The number of panel Republicans who decide to back either or both Democratic nominees will depend on “how hard Cruz is going to whip” against their advancement, said a telecom lobbyist who follows GOP deliberations. Other lobbyists estimated between two and five committee Republicans will vote for Gomez. Cruz’s office didn’t comment.

The three Republicans most likely to vote for Gomez are Sens. Shelley Moore Capito of West Virginia, Jerry Moran of Kansas and J.D. Vance of Ohio, lobbyists said. Capito and Moran told us Tuesday they were still undecided on Gomez and Starks. “I haven’t decided yet” whether to support either Democratic nominee, Capito said: “I’m still thinking about it.” Moran indicated his office is “sorting out right now” whether to vote for Gomez and Starks. Vance’s office didn’t comment.

Former Senate Commerce ranking member Roger Wicker, R-Miss., told us Tuesday he’s also undecided on advancing Gomez and Starks. Wicker indicated he would be “talking to them” later Tuesday and would base his decision on the outcome of that meeting. Sen. Ted Budd, R-N.C., said we’d “find out” his decision on the Democratic nominees at the Wednesday meeting.

Sen. Marsha Blackburn, R-Tenn., is a definite no vote on Gomez, lobbyists said. Blackburn’s office didn’t comment. Blackburn voiced concerns in June about approving Gomez while she’s still head of the U.S. delegation to the upcoming Nov. 20-Dec. 15 World Radiocommunication Conference (see 2305120050).

I’m feeling confident that all three” FCC commissioner nominees will advance out of Senate Commerce “with strong support,” including from panel Republicans, said Communications Chairman Ben Ray Lujan, D-N.M. Committee members’ reception of all three nominees “was very positive” at the June hearing “and everything leading up to” the Wednesday vote has been equally encouraging.

Three Commerce Democratic caucus members whose wavering on Sohn earlier this year helped sink her confirmation prospects (see 2303030074) are expected to vote for Gomez and Starks Wednesday, lobbyists said. Two of the three, Sens. Jacky Rosen of Nevada and Jon Tester of Montana, insisted Tuesday they weren’t ready to declare a position on Gomez. “We’re still reviewing” information on Gomez “and we’ll decide by the time” the Commerce meeting starts Wednesday, Rosen told us. “I’ve got to look” at the outcome of the June hearing and other information again, Tester said. His office later confirmed he’s “still considering” the FCC nominees.

There’s still some lingering uncertainty about how Sen. Kyrsten Sinema, I-Ariz., will vote on Gomez Wednesday because of her comments during the June hearing, but she’s still likelier than not to support the nominee given the lack of opposition from other Democrats and the possibility of some GOP backing, lobbyists said. Sinema could comfortably hold out on Sohn earlier this year because a handful of other Democrats were also undecided on her, lobbyists said. Sinema’s office didn’t comment.