The FTC has long been operating with only four out of its possible five commissioners, with Terrell McSweeny’s confirmation sitting on the back burner for months. But with the recent confirmation push in the Senate, it’s possible that she will soon be confirmed and join the FTC as its fifth — and potentially tie-breaking — commissioner. Politico talked with some top experts on the agency, including TF’s Geoffrey Manne, about what her confirmation could mean:
“Most of what they do is unanimous. It’s been that way for ages. Sharp disagreements are uncommon, rather than the norm,” said former Republican Commissioner William Kovacic. “There have been instances in which the fifth vote matters historically, but not invariably. So much of the routine work in the agency is done unanimously.”
Kovacic and other former FTC officials said McSweeny’s influence on the panel may be more nuanced. Even if she’s not called on to cast many tie-breaking votes, her presence in debates about commission action could pull the FTC a little further to the left in the cases it pursues or in the final settlements it reaches.
“The pool of cases will change,” said Geoffrey Manne, a senior fellow at TechFreedom. “There’s stuff that never makes it to the table [when the agency is split].” McSweeny will give Democrats extra negotiating power in all of the agency’s discussions, he said.
Read the full story here (paywall), and check out our other work on the FTC — especially the recent launch of the year-long FTC: Technology & Reform Project.