Hawley Could Delay Year-End Confirmation of FTC Nominee, Others
Sen. Josh Hawley, R-Mo., may object to the FTC nominee Andrew Ferguson's candidacy, potentially blocking him from expedited confirmation.
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In a statement Tuesday, Hawley voiced concerns about Ferguson and National Transportation Safety Board nominee Todd Inman, both former aides of Senate Minority Leader Mitch McConnell, R-Ky. Ferguson “was McConnell’s chief legal aide and was put forward by Senator McConnell for this position,” Hawley said. “I have significant concerns about Senator McConnell’s positions on antitrust and Big Tech. I want to understand whether and how Mr. Ferguson’s views differ.” Hawley issued similar comments concerning Inman, citing issues with McConnell’s views on transportation and safety policy.
McConnell in November publicly rebuked Hawley for introducing a bill that would prohibit unlimited corporate donations to political action committees, a practice the U.S. Supreme Court approved in the Citizens United decision of 2010. McConnell’s office didn’t comment Tuesday.
Ferguson is awaiting confirmation along with two other FTC nominees, Melissa Holyoak and sitting Democratic Commissioner Rebecca Kelly Slaughter (see 2310180045). Senate Commerce Committee Chair Maria Cantwell, D-Wash., acknowledged Hawley’s objection to Ferguson is a hurdle to getting him included in an end-of-year confirmations package but insisted “we’re still trying to work it out.” She told us Senate leaders are also eyeing Holyoak and Slaughter as part of a confirmations deal along with “all other nominees” Senate Commerce advanced this year who haven’t yet reached the floor.
“I don’t know anything firsthand,” said Senate Privacy Subcommittee Chairman Richard Blumenthal, D-Conn. Hawley serves as the subpanel's ranking Republican. “All I’ve heard is reporters asking me about it,” Blumenthal told us. “We’ll see if he’s actually opposed to it. I’m not going to speculate before I know whether and what his objections are.” Asked if the Senate could confirm the other FTC nominees without Ferguson, Blumenthal said, “Again, at this point it’s just a hypothetical.”
“Well, we just schedule a vote,” said Sen. Roger Wicker, R-Miss., noting he wasn’t aware of objections from Hawley. Opposition from Hawley to a nominee that McConnell handpicked “seems out of the ordinary,” Wicker said.
The office of Senate Commerce ranking member Ted Cruz, R-Texas, didn’t comment Tuesday. Cruz on Dec. 13 opposed Hawley’s attempt to get unanimous consent for his No Section 230 Immunity for AI Act on the Senate floor (see 2312130063). The office of Senate Majority Leader Chuck Schumer, D-N.Y., didn’t comment Tuesday. Sens. John Kennedy, R-La.; Deb Fischer, R-Neb.; and Sheldon Whitehouse, D-R.I., told us they were unaware of Hawley’s plans.