Trump's Recess Appointment Strategy Faces Legal and Procedural Hurdles

President-elect Trump is exploring unprecedented measures to bypass Senate confirmation for controversial nominees, but legal experts and historical precedent suggest significant challenges ahead.

President-elect Donald Trump is considering using recess appointments to install Cabinet nominees who may face difficulty securing Senate confirmation.
Recess appointments allow the president to temporarily fill vacancies without Senate approval if Congress is in recess for at least 10 days, as clarified by a 2014 Supreme Court ruling.
Trump has suggested invoking an untested constitutional power to adjourn Congress if the House and Senate disagree on a recess timeline, though legal experts warn this would likely face immediate challenges in court.
The Supreme Court, including a conservative majority, has previously taken a narrow view of recess appointment powers, with justices signaling skepticism toward broad interpretations of executive authority in similar cases.
Republican senators are divided on supporting recess appointments, with some expressing reluctance to cede their constitutional role in confirmations, while others cite precedent from past administrations.