Republican Senators Warn Trump on Recess Appointment Plan for Cabinet Members

Multiple Republican senators expressed doubts this week about the feasibility of President-elect Donald Trump using recess appointments to confirm his desired Cabinet members.

Senator John Cornyn (R-Texas), a member of the Senate Judiciary Committee, stated his belief that the Constitution does not grant the president the authority to force the Senate or House into a recess.

Senator Mike Rounds (R-S.D.) also expressed skepticism, stating that “you would have to have a majority in the Senate that would agree to that” and such a maneuver “would be extremely difficult to get done.” Senator James Lankford (R-Okla.) added that he does not foresee the Supreme Court upholding an extended forced Senate recess, necessary for the appointments to take place.

Some Republican senators have gone even further, arguing against the use of recess appointments altogether.

This week, Senator Kevin Cramer (R-N.D.) told CNN that Trump’s initial choice for attorney general, Matt Gaetz, should go through the regular confirmation process rather than a recess appointment. Gaetz subsequently withdrew from consideration, and Trump nominated former Florida Attorney General Pam Bondi for the role.

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He emphasized, “It should be taken absolutely off the table, and quite honestly, any serious candidate for a Cabinet-level position” may not be willing to accept a recess appointment for their position.

Earlier this month, Trump suggested that Republican Senate leaders, who will have a majority in the chamber next year, should approve recess appointments. As outlined in the Constitution, the Senate plays a crucial role in confirming or rejecting high-level Cabinet officials, ambassadors, and judges.

This system is part of the government’s checks and balances to prevent unilateral rule by the president. However, there is a constitutional provision that allows presidents to make appointments while the Senate is in recess.

According to the Congressional Research Service, President Bill Clinton made 139 recess appointments, and President George W. Bush made 171. President Barack Obama attempted to continue the practice, utilizing it 32 times, but a 2014 Supreme Court decision curbed the president’s authority to make such appointments.

Neither Trump nor President Joe Biden utilized recess appointments during their time in office.

The Supreme Court ruled unanimously that the Senate must recess or adjourn for 10 days before a president can make unilateral appointments. This has led to a practice where the Senate, even during extended breaks from Washington, conducts pro-forma sessions where one senator opens and closes the chamber without conducting legislative business.

The House also holds some control over recess appointments by preventing the Senate from adjourning.

“But we also are not going to allow the Democrats to obstruct or block President Trump and the will of the American people,” he added.

“You have to have all Republicans vote to recess as well. So the same Republicans you mentioned who might have a problem voting for someone under regular order probably also have a problem voting to put the Senate into recess. You have to have concurrence from the House.”

The Associated Press contributed to this report.