Democrats Lining Up Against Senate Measure to Disapprove Net Neutrality Order

SJ Res 6 supporters have flagged several Democrats as possible yes votes, but some of them told us they will vote no. Democratic Sens. Kay Hagan of North Carolina, Bill Nelson of Florida, Mark Warner of Virginia and Tim Johnson of South Dakota plan to vote against the resolution, their offices said. Hagan “feels that the FCC’s open Internet rule is a modest one that reflects its authority in this area,” her spokeswoman said.

Others on SJ Res 6 supporters’ checklist aren’t talking. Democratic Sens. Jim Webb of Virginia and Joe Manchin of West Virginia haven’t taken a position, their offices said. Others in the Democratic caucus targeted by SJ Res 6 supporters include Ben Nelson of Nebraska, Debbie Stabenow of Michigan, Robert Casey of Pennsylvania, Mark Pryor of Arkansas, Claire McCaskill of Missouri, Jon Tester of Montana and Joe Lieberman, I-Conn. Their offices didn’t comment.

SJ Res 6 has 42 Republican signatures, not including the resigned John Ensign of Nevada. It “has wide support in the Republican conference,” said a spokesman for Minority Leader Mitch McConnell, R-Ky. But one cosponsor, Senate Communications Subcommittee Ranking Member Jim DeMint, R-S.C., last month said he doubts Democrats will vote for the measure (CD Oct 13 p4). The Congressional Review Act requires only a simple majority to pass the resolution and protects against filibusters. The act limits Senate debate on the resolution to 10 hours and doesn’t allow Senate motions to reconsider the vote on the joint resolution.

Even if Republicans do muster the votes in the Senate, they face an uphill fight. Overcoming an Obama veto would require a two-thirds majority in each the House and the Senate. When the House passed its resolution 240-179, it fell short of that “super majority."

The FCC heard from parties on all sides of the issue and its rule “reflected a constructive effort to build a consensus around what safeguards and protections were reasonable and necessary to ensure that the Internet continues to attract investment and to spur innovation,” the Office Management and Budget said. “Disapproval of the rule would threaten those values and cast uncertainty over those innovative new businesses that are a critical part of the Nation’s economic recovery. It would be ill-advised to threaten the very foundations of innovation in the Internet economy and the democratic spirit that has made the Internet a force for social progress around the world."

Senators have been campaigning for and against SJ Res 6. In a press conference Tuesday, sponsor Sen. Kay Bailey Hutchison, R-Texas, urged passage to fight what she called “over-regulation” by the Obama administration. In a floor speech Tuesday morning, Warner opposed the resolution as potentially doing “great harm” and creating uncertainty. Sen. Al Franken, D-Minn., condemned the resolution in an op-ed Tuesday in the Huffington Post. Communications Subcommittee Chairman John Kerry, D-Mass., wrote a letter last week urging colleagues to vote no. Sen. Olympia Snowe, R-Maine, wrote a letter Monday urging support for SJ Res 6 and help on future legislation to update telecom laws (CD Nov 8 p6).

Republicans are playing politics with a measure unlikely to pass, said Potomac Research analyst Paul Glenchur. “After House passage back in April, rejection by Senate Democrats creates a vehicle to cast the majority and the Administration as hyper-regulatory and hostile to private investment,” Glenchur said. “But Sen. Kerry’s letter shows the Democrats are ready to fight that battle, framing the rules as important to investment in online content and applications.” Even with legislation likely to fail, the FCC is not out of the woods. “Litigation -- not legislation -- is the biggest threat to FCC open Internet regulations,” said Medley Global Advisors analyst Jeff Silva.