Recess appointments could put Trump at odds with conservatives on the Supreme Court
Source: AP
Updated 7:41 AM EST, December 1, 2024
WASHINGTON (AP) — Republicans will control the White House and both houses of Congress come January. But President-elect Donald Trump’s intent to nominate loyalists to fill key Cabinet posts has set up a possible confrontation with the Senate, which has the constitutional responsibility for “advice and consent” on presidential nominees.
Trump and his Republican allies are talking about going around the Senate and using temporary recess appointments, which last no more than two years. Invoking that authority could result in a fight that lands at the Supreme Court. Trump might also have to claim another, never-before-used power to force the Senate into a recess, if it won’t agree to one.
Supreme Court has decided only one recess appointment case
In its 234 years, the Supreme Court has decided only one case involving recess appointments. In 2014, the justices unanimously ruled that Democratic President Barack Obama’s recess appointments to the National Labor Relations Board were illegal. But they disagreed sharply over the reach of the decision. Five justices backed a limited ruling that held the Senate wasn’t actually in recess when Obama acted and, in any event, a break had to be at least 10 days before the president could act on his own.
Justice Antonin Scalia, writing for the other four justices, would have held that the only recess recognized by the Constitution occurs between the annual sessions of Congress, not breaks taken during a session. That would have ruled out the appointments Trump may be considering after the new Congress begins in January and he is sworn into office.
Read more: https://apnews.com/article/supreme-court-trump-recess-appointments-senate-constitution-55004d00cfa7d4b4832e9701cad48a06
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