Democratic sluggishness in the Senate this fall left dozens of crucial nominees to the independent agencies floundering, and led to at least twenty outstanding nominations (or renominations) ultimately being returned, unconfirmed, to former President Biden this January.
Democrats’ refusal to play administrative hardball for Biden’s nominees during the duration of the 118th Congress (including its overly long recesses), predictably cost the public a slate of advocates in offices dealing with everything from labor to the financial industry. Some of those advocates, who waited months or years for their now-defunct confirmations, are as follows:
- Christy Goldsmith Romero to the Federal Deposit Insurance Corporation
- Julie Brinn Siegel to the Commodity Futures Trading Commission
- Caroline A. Crenshaw to the Securities and Exchange Commission
- Lauren McGarity McFerran to the National Labor Relations Board
- Mark G. Eskenazi to the Occupational Safety and Health Review Commission
We are disheartened by the Democratic Party’s utter failure to ensure the presence of public advocates to crucial governing bodies before the Trump administration took office. Despite this failure, we call now on Democrats, even as the minority within the Senate, to not preemptively resign from fights, nor to cede these issues to Republicans without challenge.
Indeed, Democrats should look to learn from the tactical obstructionism employed by their colleagues across the aisle for the past four years, in order to keep the worst of these actors out of positions of power, or to at least render them as politically costly as possible to install.
Take Donald Trump’s unprecedented and manifestly illegal firing of Gwynne Wilcox from the National Labor Relations Board three years before her term expiry, for example. If Democrats want to motivate the voting public, they must (finally!) vociferously and continuously defend the law, our regulators, and the people they are meant to protect. At minimum, Senate Democrats could, and should, engage these issues in principled and coordinated opposition to the President’s authoritarian power grabs by thinking strategically about what options they have to disrupt business-as-usual on the Senate floor.
For more information about particular agencies and nominations see our Agency Spotlight.
New Nominations this January:
President Trump has presently nominated four people to independent agency boards since January 21, 2025. Those nominations are to the:
- Federal Trade Commission: Republican Commissioner Mark Meador
- Securities and Exchange Commission: Republican Chair Paul S. Atkins
- National Aeronautics and Space Administration: Administrator Jared Isaacman
- Federal Housing Finance Agency: Director William Pulte
With still early days in the Trump administration, nominations to the independent agencies are likely to rapidly increase. Though Trump has only formally nominated four officials as of this writing, there are 35 vacant seats across independent agency boards and a further 40 expired seats that Trump can now fill. Nineteen of the 35 vacancies (54 percent) and 13 of the 40 expired seats (33 percent) could be filled by Republican nominees. Trump can also fill an additional 15 vacant seats (43 percent) and 9 expired seats (23 percent) with the nomination of non-partisans to independent agency boards.
Democratic Majorities Immediately Vulnerable:
The following boards have Democratic majorities that are immediately vulnerable to a Republican majority.
- Commodity Futures Trading Commission (CFTC): Democratic Commissioner Christy Goldsmith Romero’s term expired in April of 2024, and she must vacate the position by January 2, 2026. However, Goldsmith Romero will have to leave, and the current Democratic majority will be lost, should a Republican be nominated and confirmed to the position sooner than that.
- Defense Nuclear Facilities Safety Board (DNFSB): There is currently a 2-1 Democratic majority at the DNFSB. However, should officials be nominated and confirmed to the two vacant positions at the Board, Democrats will immediately lose this majority.
- Export-Import Bank of the United States (EXIMBANK): There is currently a 3-1 Democratic majority at EXIMBANK. However, all three of the Democrats’ terms expired on 1/20/2025, and the officials must vacate by July 20th of this year.
- National Labor Relations Board (NLRB): Democrats currently have a 2-1 majority at the NLRB, but the Board has two existing vacancies to which Donald Trump could nominate Republicans. When he makes those nominations and those nominees are confirmed, Dems will immediately lose this majority.
- National Mediation Board (NMB): Democratic NMB Member Linda Puchala’s term expired in July of 2024. Though NMB does not have a mandatory vacancy date, when a nominee is confirmed Dems will immediately lose their majority at the board.
- National Transportation Safety Board (NTSB): Democratic NTSB Member Thomas B. Chapman’s term expired in 2023. Though NTSB does not have a mandatory vacancy date, when a new nominee is confirmed to the Board, Dems will immediately lose their majority.
- Occupational Safety and Health Review Commission (OSHRC): Democratic Commissioner Cynthia L. Attwood is currently the only member of OSHRC. When the two vacancies at the Commission are filled, Dems will immediately lose their majority.
- Privacy and Civil Liberties Oversight Board (PCLOB): Democratic Member Sharon Bradford Franklin’s term expired in 2024. Though there is not a mandatory vacancy date, when a new nominee is confirmed to the board, and a nominee is named to the existing vacant seat, Democrats will immediately lose their majority.
- Securities and Exchange Commission (SEC): Democratic Member Caroline A. Crenshaw’s term expired in 2024. If she has to vacate the position in December, if a replacement is nominated and confirmed before December, or if current Republican nominee, Paul Atkins, is confirmed, Democrats will immediately lose their majority.
- United States Sentencing Commission (USSC): Democrats currently hold a 3-2 majority at the USSC. However, when nominees are named to the two existing vacant seats at the Commission, Democrats will immediately lose this majority.
Democratic Majorities Soon-To-Be Vulnerable:
The following boards currently have Democratic majorities, but will soon be vulnerable to a Republican majority.
- Federal Communications Commission (FCC): Democratic FCC Commissioner Jessica Rosenworcel’s term expires on July 1, 2025. Though Rosenworcel does not have to vacate the seat until 2027, following this term expiry if a different official is nominated and confirmed, Rosenworcel will be vulnerable to replacement and Dems will lose their majority.
- Federal Labor Relations Authority (FLRA): Democratic FLRA Commissioner Susan Grundmann’s term expires on July 1, 2025. Though Grundmann does not have to vacate the seat until 2026, following this term expiry, if a different official is nominated and confirmed, Grundmann will be vulnerable to replacement and Dems will lose their majority.
- Merit Systems Protection Board (MSPB): Democratic Member Raymond A. Limon’s term expires on March 1, 2025. Though Limon does not have to vacate the position until 2026, if a different official is nominated and confirmed to the position, Limon will be vulnerable to replacement and Dems will lose their majority.
Gridlocked Agencies Vulnerable to Republican Majorities:
The following boards currently have gridlocked political distributions, but will soon be vulnerable to a Republican majority.
- Federal Maritime Commission (FMC): The FMC is currently partisanly gridlocked, but should nominees be named and confirmed to the Commission’s vacant and expired seats, Republicans will have an immediate opportunity for the majority.
- Federal Trade Commission (FTC): The FTC is currently partisanly gridlocked, but upon confirmation of Republican nominee Mark Meador, the Commission will be Republican controlled.
- Nuclear Regulatory Commission (NRC): The NRC is currently partisanly gridlocked, but upon nomination and confirmation to the Commission’s vacant seat, Republicans will have a majority.
- Surface Transportation Board (STB): The STB is currently partisanly gridlocked, but upon nomination and confirmation to the Commission’s vacant seat, Republicans will have a majority.
Safe Democratic Majorities:
The following boards currently have safe majorities through at least August 2025.
- Consumer Product Safety Commission (CPSC): Democrats will have a safe majority until at least October 2025, when Commissioner Mary T. Boyle’s term expires.
- Equal Employment Opportunity Commission (EEOC): Democrats will have a safe majority until at least July 2026, when Commissioner Jocelyn Samuels’ term expires.
- Federal Energy Regulatory Commission (FERC): Democrats will have a safe majority until at least June 2026, when Commissioner Willie Phillips’ term expires.
- National Credit Union Administration (NCUA): Democrats will have a safe majority until at least April 2027, when Member Todd Harper’s term expires.