Push for Senate Vote on Sohn Amid GOP Absences Seen in Doubt

Supporters of FCC nominee Gigi Sohn were hopeful Thursday that Senate Democratic leaders might use Republican absences in the chamber as an opportunity to vote to discharge Sohn from Commerce Committee jurisdiction before the start of a two-week recess set to end July 11. Lawmakers we spoke with cast doubt on whether Sohn’s short-term confirmation prospects were improved due to continued uncertainty about the position of three undecided Democratic senators if leaders forced a vote. Sohn’s confirmation process has been stalled since March, when Senate Commerce tied 14-14 on advancing her to the full chamber (see 2203030070). Her supporters have been eyeing ways to break the logjam (see 2206070046).

Senate Democratic leaders have been eyeing whether it could hold a vote on Sohn this week, given two GOP absences, officials and lobbyists told us. Sen. Ken Cramer of North Dakota is recovering at home following a serious injury to his right hand, citing “the possible need for finger amputation.” He expects to return to the Senate after the upcoming recess. Sen. Pat Toomey of Pennsylvania had been absent for the first part of the week but returned to Capitol Hill for Thursday votes. Their absences allowed the chamber to move on several of President Joe Biden’s nominees who have faced strong GOP headwinds, including a 50-48 Wednesday vote to confirm Mary Boyle to the Consumer Product Safety Commission.

Any Republican absences could give Democrats a cushion in case any of their caucus members vote against Sohn, setting up the potential for a tied vote that Vice President Kamala Harris could break in the nominee’s favor, lobbyists said. The prospects for a vote depend partly on how long the Senate remains in town while it completes consideration of the Bipartisan Safer Communities Act as an amendment to shell bill S-2938, lobbyists said. Sen. Brian Schatz, D-Hawaii, told us he’s “not aware of” any serious discussion of bringing Sohn up for a vote before the recess. The office of Senate Majority Leader Chuck Schumer, D-N.Y., didn’t comment.

At least two of the three Democrats who have been publicly undecided on Sohn remained that way Thursday. “I continue to look at” Sohn’s nomination and haven’t decided, Sen. Mark Kelly of Arizona said in a brief interview. The other two Democrats who have been undecided on Sohn -- Catherine Cortez Masto of Nevada and Joe Manchin of West Virginia -- also haven't changed their position, lobbyists said. Manchin “hasn’t announced a decision about this nominee,” a spokesperson emailed. Cortez Masto’s office didn’t comment.

Senate Minority Whip John Thune, R-S.D., and Commerce ranking member Roger Wicker, R-Miss., separately acknowledged a forced vote this week was a possibility but questioned whether that would succeed. “I hope they don’t do that,” said Thune, Communications Subcommittee ranking member, in an interview. “That would be a big mistake just in terms of trying to take advantage of” Cramer’s absence. Senate Democrats “certainly have the right” to force a vote, Wicker told us. “I think" Sohn is "a flawed candidate in so many ways, but there’s nothing we can do to stop them” from discharging her if they can reach a tie.

“The Democrats have their members here,” so Senate leaders “should hold the vote,” said Public Knowledge Government Affairs Director Greg Guice. “Now is the time” since the undecided Democrats aren’t likely to reveal their true positions until Schumer “calls a vote.” Manchin has “told numerous people ‘Call the vote and we’ll see how I’m going to vote,’” Guice said. “We can’t keep playing this game forever.”

Other Sohn supporters also pressed Schumer Thursday to hold a vote on the nominee. “The time is now … to call the vote” on Sohn, tweeted Free Press co-CEO Craig Aaron: “No more delays, no more excuses. Democrats need to show if they’re with the public, or just” ISPs. FP has been asking its supporters to commit to “drop by your senator’s office” next week “to urge your lawmaker to confirm” Sohn. Senate Democrats “have absolutely zero excuses,” tweeted Fight for the Future Director Evan Greer: “If this doesn't happen it's because of telecom corruption, plain and simple.”