Immediate Action Must Be Taken On Independent Agency Nominations

Democrats have resoundingly lost the White House, the Senate, and may soon lose the House. The Party has 68 days to ensure the presence of public advocates on numerous important governing bodies before the incoming Trump administration fully delivers on its promised systematic attack on governance, accountability and regulation.

Following exceedingly long stretches this year where the Senate recessed in order to prioritize elections, this critical moment requires party elites in Congress to meet their responsibility towards the constituencies which empowered them. Put simply, the Senate ought to swiftly provide up or down votes for nominees to independent agencies and the federal judiciary.This would entail using their still-standing majority in the chamber to decide on the qualifications of nominees who have been floundering in wait for months, such as Caroline Crenshaw who is nominated to the Securities and Exchange Commission (SEC), Lauren McGarity McFerran who is nominated to the National Labor Regulatory Board (NLRB), and Christy Goldsmith Romero who is nominated to the Federal Deposit Insurance Corporation (FDIC).

Senate Dems and the White House should also adopt innovative procedural tactics such as adjournment of the Senate, which would allow the President time to make recess appointments, and possibly even to nominate and re-confirm consumer champions like Lina Khan—the current chair of the Federal Trade Commission whose term expired last month. Donald Trump has already signaled his intent for aggressive action on confirmations across the executive branch—Democrats must meet the moment and do all that they can to ensure that public advocates can act in the public interest for as long as possible.

Democrats have an obligation to leave the public with a federal government composed of multiple officials who are clear-eyed on providing accountability for what is sure to be a disastrous Trump administration. They must start this process today. A suggested priority list of nominations and confirmations is as follows:

ALREADY NOMINATED, NECESSARY TO CONFIRM:

• Julie Brinn Siegel at the Commodities Future Trading Commission (CFTC)
• Christy Goldsmith Romero at the Federal Deposit Insurance Corporation (FDIC)
• Marcus D. Graham at the Farm Credit Administration (FCA)
• Lauren McGarity McFerran, reconfirmation at the National Labor Regulatory Board (NLRB)
• Mark G. Eskenazi at the Occupational Safety and Health Review Commission (OSHRC)
• Caroline A. Crenshaw, reconfirmation at the Securities and Exchange Commission (SEC)

MUST NOMINATE AND CONFIRM:

• Lina Khan at the Federal Trade Commission (FTC)
• Jessica Rosenworcel at the Federal Communications Commission (FCC), whose seat expires in July 2025
• Susan Grundmann at the Federal Labor Relations Authority (FLRA), whose seat expires in July 2025
• Raymond A. Limon at the Merit Systems Protection Board (MSPB), whose seat expires in March 2025
• Linda Puchala at the National Mediation Board (NMB)
• Sharon Bradford Franklin at the Privacy and Civil Liberties Oversight Board (PCLOB)