Can President Trump make recess appointments for nominees the Senate won’t confirm? Incoming Senate Majority Leader John Thune says the option is “on the table.” But recess appointments are complicated, and if Mr. Trump tries this approach to overcome senatorial opposition, it would likely be struck down by the Supreme Court.
The first problem—superable but nontrivial—would be getting the Senate into recess. Mr. Thune can’t simply bang a gavel and declare a recess. The Supreme Court has held that an adjournment must at minimum be longer than three days to count as a “recess,” and the Constitution says that both the House and Senate must agree by majority vote to any adjournment in either chamber longer than three days. That requires a majority vote in both chambers. If a majority of senators don’t support a nominee, why would they go along with a recess designed to circumvent their opposition?
Related Coverage
AllSides Picks
Headline Roundup
Trump Calls For FCC to Investigate NBC's Kristen Welker
August 31st, 2026
Story of the Week
Trump’s US-Venezuela Oil Deal
AllSides Staff
September 3rd, 2026
News
Tracking Trump’s Campaign Promises
AllSides Staff
September 2nd, 2026
Headline Roundup
Envoys Witkoff and Kushner Hold Peace Talks in Moscow and Kyiv
September 6th, 2026
More News about Donald Trump
News from the Left
News from the Center
News from the Right
CNBC