Donald Trump called on Republican Senators vying for the majority leader position to permit him to appoint temporary cabinet members without Senate approval through recess appointments and demanded they reject any judicial nominations until he takes office.
Complaining that Senate approval takes too long, Trump said anyone seeking the leadership position “must agree to Recess Appointments (in the Senate!)” on Truth Social on Sunday, a tactic that would effectively allow him to place any person in his cabinet without formal Senate approval.
“Sometimes the votes can take two years, or more. This is what they did four years ago, and we cannot let it happen again. We need positions filled IMMEDIATELY!” Trump wrote.
Hours after Trump’s statement, three Senators running for the leadership position endorsed Trump’s idea.
Texas Senator John Cornyn agreed Trump has the power to do so and urged Senators to get Trump’s cabinet chosen quickly. South Dakota Senator John Thune said recess appointments were an option “on the table”. Florida Senator Rick Scott backed Trump “100%”.
The framers of the Constitution explicitly created checks and balances to prevent one branch of government from obtaining too much power. One way they did so was by directing the Senate to approve the president’s nominations.
Recess appointments are a provision that allows the president to appoint a cabinet position for a maximum of two years without the Senate’s approval when the chamber is out of session. Its original intent was to be used when the Senate was in recess for a long period of time.
These are fairly uncommon and the last time a president used recess appointments, in 2012 under former president Barack Obama, the Supreme Court ruled they could not be made while Congress was in pro forma sessions. This made recess appointments effectively unusable.
Both Trump and President Joe Biden were unable to use recess appointments because the Senate uses pro-forma sessions routinely – these are short sessions typically held during recess periods that ensure Congress is technically in session.
In 2020, Trump threatened to use recess appointments by forcing Congress to adjourn. However, that never occurred.
Throughout his first term, Trump memorably had a difficult time holding onto a full and consistent cabinet. It took him longer to fill his cabinet when he entered office, in part because his transition team was seemingly unprepared, but also because Democratic senators hampered several nominees from being confirmed.
This time around, Trump is more prepared. And some of the names floating around for cabinet positions are already stirring controversy.
In his Truth Social post, Trump also asked that the Senate block any judicial nominations until he takes office because “the Democrats are looking to ram through their Judges.”
Trump appointed approximately 220 judges while president, a tactic that helped reshape the federal judiciary and assist Republicans in pursuing litigation. Biden has invoked a similar tactic, appointing 213.
It’s unlikely Trump’s request will materialize as Democrats have control of the Senate until the end of the year.