On the other hand, it’s not clear that the Senate will move to approve another nominee anytime soon, and the move could easily backfire. If O’Rielly decides to bounce, that might leave the FCC commission at a deadlock between Pai and Carr on the GOP side and Democratic commissioners Jessica Rosenworcel and Geoffrey Starks on the other. Even if the White House manages to install a more pliable nominee, that doesn’t address any of the gaping legal flaws in the executive order.

The FCC didn’t respond to Bloomberg’s request for comment.