One little-known constitutional provision is now in the spotlight.
President-elect Donald Trump sits in the Oval Office of the White House during a meeting with President Joe Biden, Nov. 13, 2024, in Washington.'s first moves after winning another four years in the White House was to make a demand for "recess appointments."His Cabinet picks of Fox News host Pete Hegseth for defense secretary and former congresswoman Tulsi Gabbard for director of national intelligence raised eyebrows and alarms. But his selection of now former GOP Rep.
"This kind of contrivance, I think, would be unprecedented," said Harry Litman, a former U.S. attorney and deputy assistant attorney general who teaches constitutional law. Should a nominee face seemingly insurmountable headwinds, Trump could ask both chambers to recess in order to make the appointments himself. But what happens if the House and Senate don't see eye to eye on a recess?
That's never been done before, said Josh Chafetz, a constitutional law professor at Georgetown University. The decision in NLRB v. Noel Canning ultimately gave the president power to fill vacancies in recesses greater than 10 days. "For any untried stratagem of the sort Trump may be contemplating, there will be an uncertain outcome in the Supreme Court," Litman said.
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