President Donald Trump is breaking a historical norm by nominating Republican Danielle Thumann Severs to the FCC, giving his party a 3-1 majority instead of the usual 3-2 split. The FCC has operated with a 2-1 Republican majority during Trump’s second term, and Thumann Severs, currently FCC Chairman Brendan Carr’s senior counsel, would fill one of two empty seats. No Democratic nominee has been paired for the fifth spot, drawing criticism from Senate Democrats who want “pairing.”

Sen. Maria Cantwell (D-Wash.) called the lack of a Democratic nominee “a problem,” while Sen. Ben Ray Luján (D-N.M.) urged a bipartisan approach. The Republican-controlled Senate can confirm Thumann Severs without Democratic support, but the process is expected to be contentious. Trump has resisted firing the FCC’s only Democrat, Anna Gomez, whose term expired June 30 but can serve until 2027 or until replaced.

New Street Research analyst Blair Levin said he does not expect Trump to fire Gomez, as that would leave the FCC without a quorum. Levin also doubts Trump will appoint a non-Republican for the other vacancy, suggesting the White House sees three Republicans as sufficient. US law forbids an FCC supermajority, but a 3-1 GOP majority complies because three Republicans is the “least number constituting a majority” on a four-member commission. Trump could potentially name a non-Republican who supports his agenda, but Levin considers that unlikely.