"There will be no recess appointments," outgoing Senate minority leader Mitch McConnell reportedly told president-elect Donald Trump of his new cabinet choices, some of whom may face difficulty in the Senate's normal advice and consent process. "Yes, there will," came a response on X from Florida Senator Rick Scott , who narrowly lost the GOP Senate conference's vote to serve as majority leader in the incoming Congress . McConnell will be out of his leadership position by the time Trump makes his nominations official and Senate recesses will not be under his control.
The decision will fall to Senator John Thune (R-S.D.), who was elected to lead the Senate Republicans last week and subsequently told Fox News that recess appointments are "on the table.
" On Sunday, House Speaker Mike Johnson (R-La.) also indicated on Fox that "there may be a function" for recess appointments depending on the circumstances. With the congressional Republican leadership on board and a mandate-level victory in the 2024 presidential election, recess appointments would be a perfectly valid option for President Trump.
Presidential authority to make recess appointments dates back to the Founding. Article II, Section 2, Clause 3 of the Constitution states "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." Wisely, the Founding Fathers realized that the Senate would not be in.
