The Federal Communications Commission has been shorthanded throughout President Trump’s second term, but it’s about to get a new commissioner. Unsurprisingly, Trump is breaking a historical norm with a nomination that would give Republicans a 3-1 advantage on the FCC.
Historically, the president and Senate worked together to ensure that the president’s party maintained only a one-vote majority. Normally, the president’s party has three FCC members while the minority party has two.
Instead of the typical 3-2 split, the FCC has operated with a 2-1 Republican majority during Trump’s second term. On Friday, Trump nominated Republican Danielle Thumann Severs to take one of the empty spots. Thumann Severs, a lawyer, has been working as FCC Chairman Brendan Carr’s senior counsel. She must be confirmed by the Republican-controlled Senate before being sworn in as a commissioner.
The FCC has played a leading role in Trump’s attacks on news broadcasters, with Carr using his position to investigate and threaten the licenses of broadcasters that don’t provide coverage favorable to Trump. A third Republican to cast votes at commission meetings will give Carr more support for his policies.
Every FCC commissioner must be confirmed by the Senate after receiving a nomination from the president. Even commissioners in the minority party need a presidential nomination.
If Trump followed the historical norm, he would have nominated one Republican and one Democrat to the FCC so they could be confirmed by the Senate simultaneously. Presidents typically nominate commissioners from the opposing party based on recommendations from the other party. That’s what Trump did in his first term when he nominated Democrat Geoffrey Starks based on a recommendation from Senate Minority Leader Chuck Schumer.
Since the FCC needs only three members for a quorum, adding a third Republican raises the possibility that Trump will fire the FCC’s only Democrat and give his party a 3-0 advantage. But stocking the commission with only Republicans would violate a law that prohibits any party from having an FCC supermajority, which could put the FCC’s decisions at greater risk of being blocked in court.