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.

Summary

Donald Trump’s plan to use recess appointments for key roles could spark a Supreme Court challenge, as Senate Republicans may resist confirming controversial nominees.

Recess appointments, which bypass Senate approval, were restricted in a 2014 Supreme Court ruling, but Trump might test limits by forcing a Senate recess using a rarely invoked constitutional provision.

The conservative-majority Supreme Court could revisit its stance, though precedent favors limiting such appointments.

Legal challenges could delay any impact, as standing requires an affected party to sue, potentially prolonging disputes for years.

  • IHeartBadCode@fedia.io
    4·
    17 days ago

    but Trump might test limits by forcing a Senate recess using a rarely invoked constitutional provision

    I highly doubt Trump can use Section III here. This whole story is predicated on a process that’s a massive maybe.

    If Section III was a possibility then it’s likely that the Senate would just suspend confirmation hearings and just floor vote instead. No need for Section III to be invoked.

    It just makes no sense to even pitch this idea.