Trump Advocates for Unprecedented Use of Recess Appointments to Shape Cabinet and Judicial Landscape
ICARO Media Group
**Trump Pushes for Recess Appointment Power to Circumvent Senate Confirmations**
President-elect Donald Trump is poised to return to the White House, with Republicans set to control Washington. However, Trump, alongside influential figures like Elon Musk, believes even a GOP trifecta won't be sufficient to fulfill his agenda. Early reactions to Trump's nominations of former Rep. Matt Gaetz of Florida as Attorney General and Robert F. Kennedy Jr. as Secretary of Health and Human Services highlight the challenges ahead, indicating that unified Republican control might not guarantee smooth sailing.
Trump is advocating for the use of a special procedure known as recess appointments, which would enable him to appoint Cabinet members and even a Supreme Court Justice without requiring a single Senate vote. This procedural maneuver could theoretically bypass the standard vetting process, allowing over 1,200 positions requiring Senate confirmation to be filled without an FBI background check or a confirmation hearing. Casey Burgat, director of the Legislative Affairs Program at George Washington University, noted that while past presidents have made recess appointments, Trump's explicit strategy is raising widespread concerns.
Musk, echoing Trump's sentiments, recently argued on X that without recess appointments, enacting the change demanded by the American people would be impossible. Similarly, Sen. John Thune of South Dakota, who succeeded Sen. Mitch McConnell as Senate Republican leader, confirmed that recess appointments are a consideration but acknowledged potential obstacles. Thune emphasized that securing a recess would require unanimous support from Senate Republicans, some of whom might oppose it just as they might oppose certain nominations under regular order.
Despite Republicans holding 53 seats, giving Trump the possibility to confirm his choices with just 50 votes, thanks to Vice President-elect JD Vance's tie-breaking power, the process could still face significant hurdles. Trump argues that recess appointment power is essential for timely staffing, pointing to the historically slow confirmation process. The Center for Presidential Transition revealed it took Trump an average of 115 days to get nominees approved during his first three years in office, compared to 56.4 days during Ronald Reagan's presidency. President Biden's confirmations took approximately 109.6 days on average.
Trump's push for recess appointment power raises suspicions about his motivations, especially given his controversial early nominations. Sarah Binder, a senior fellow at Brookings, suggested Trump sees this as a shortcut to install his preferred appointees temporarily. Notably, the Senate must vote on adjournment, and the House must also approve any Senate recess lasting over three days, with a 2014 Supreme Court decision requiring at least a 10-day recess.
There is a constitutional mechanism allowing the president to force an adjournment if the House and Senate disagree on the matter. Officials appointed through recess appointments can serve until the next session of Congress, potentially through January 2027 if Trump acts immediately upon taking office. Before World War II, recess appointment power was crucial due to the Senate's infrequent sessions, but recent years have seen presidents using it to push through contentious nominees.
Trump's approach, advocated by former White House counsel Don McGahn, has its critics. Ed Whelan of the Ethics and Public Policy Center and the National Review argue that bypassing the Senate's advice-and-consent role undermines the constitutional separation of powers. Despite potential immediate gains, the precedent set by Trump's actions could have long-term implications. As Burgat pointed out, political and power grabs are difficult to undo, making it likely that future administrations would follow suit.