The Constitution Allows Recess Appointments. Trump Should Consider Them

"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.