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.
President-elect Donald Trump speaks at meeting of the House GOP conference, Wednesday, Nov. 13, 2024, in Washington. Sen. John Thune, R-S.D., left, is interviewed by Bret Baier, during a taping of FOX News Channel’s Special Report with Bret Baier, Thursday, Nov. 14, 2024, in Washington. President-elect Donald Trump speaks at meeting of the House GOP conference, Wednesday, Nov. 13, 2024, in Washington. President-elect Donald Trump speaks at meeting of the House GOP conference, Wednesday, Nov.
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.
The whole point of the constitutional provision on recess appointments, adopted in 1787 in the era of horse and buggy, was that the Senate could not quickly be summoned to fill critical vacancies, he wrote.
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