President-elect Donald Trump said Sunday that the next leader of Senate Republicans should embrace so-called “recess appointments,” temporary appointments when the House is out of session that occur without the House’s formal seal of approval.
“Every Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we cannot get people confirmed in a timely manner,” Trump wrote in a message to the US Senate. social media network X. “Sometimes the moods can last two years or more. This is what they did four years ago, and we can’t let it happen again.”
Notably, Trump did not endorse any of the three Republican candidates for Wednesday’s upcoming leadership election — Sens. John Thune (SD), John Cornyn (Texas) and Rick Scott (Fla.) – although influential figures in the conservative movement have rallied around Scott. in the wake of last week’s Republican election victories.
However, Scott spoke out strongly in support of Trump’s idea. “100% agree. I will do whatever it takes to get your nominations through as quickly as possible,” he wrote in response to Trump majority in the Senate!”
In recent years, the Senate has routinely held short pro forma sessions specifically to prevent the president from making recess appointments and bypassing the chamber’s advice and consent. The Supreme Court unanimously ruled in 2014 that three recess appointments by then-President Barack Obama were unconstitutional because the House was not actually in recess, effectively undermining future use of the practice.
Recess appointments can last up to two years, unless senators later return and confirm the nominee.
Neither Trump nor President Joe Biden were able to make recess appointments during their presidencies — even when their parties had joint control of Congress and the presidency — because of the way the chambers set their schedules.
Trump himself has toyed with the idea before, floating the idea of using extraordinary powers in 2020 to force the adjournment of both houses of Congress to allow recess appointments. “The current practice of leaving town while holding bogus pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis,” Trump said in April 2020 during the opening days of the Covid-19 pandemic.
In addition, the president-elect said the Senate should refuse to confirm further judicial nominations from President Joe Biden in the waning days of this Congress, saying that “Democrats want to push their judges while Republicans fight for leadership.”
However, Trump’s request will almost certainly fall on deaf ears. Democrats retain control of the Senate through the end of the year and have made filling judicial vacancies a top priority for the lame duck session.
Trump’s invective is the latest wave rippling through the fast-moving race to replace Mitch McConnell as Senate Republican leader.
Scott, who just won re-election last week and was previously seen as a long shot over Thune and Cornyn, has received public support from four GOP colleagues: Sens. Ron Johnson (Wis.), Bill Hagerty (Tenn.), Rand Paul (Ky.) and Marco Rubio (Fla.).
“I will be voting for my Florida colleague @ScottforFlorida as our next Republican Senate Leader,” Rubio wrote in a post on X on Sunday.
Messages of support for Scott have also come from influential figures in the Trump-aligned MAGA movement, such as Robert F. Kennedy Jr., Glenn Beck, Tucker Carlson and Charlie Kirk.
Scott sought the Republican Party’s top position two years ago and challenged McConnell, but received little support. Only 10 Republican senators voted for Scott, compared to 37 for McConnell, who has led the conference since 2007.
He made his pitch on Fox News on Sunday, promising to find common ground with Democrats while quickly pushing through Trump’s nominees.
“I’m a deal guy,” Scott said. “I know that to get things done, you have to look at yourself in the mirror and say what we need to do differently. We can’t keep doing what we’re doing. We must be the change. … It takes someone who makes agreements, who knows how to sit down with people and find common ground.”
Cornyn has not spoken on the issue of recess appointments, but has vowed “no weekends, no breaks” until all members of Trump’s Cabinet nominees are confirmed on Saturday, a pledge that would break with the Senate’s recent tradition of shortened work weeks in Washington.
“If I am the majority leader, I will keep the Senate in session until these confirmations occur,” the Texas Republican wrote. “Democrats can work together in the best interest of the country, or continue the resistance, which will ultimately be crushed. Make your choice.”
Thune said during an interview on CNBC last week that he hoped Trump would stay out of the race for Republican leader, a secret ballot that will take place on Wednesday once lawmakers return to Washington. “These secret ballot elections for the Senate are probably best left to the senators, and he should work with all of us when it’s all said and done,” he said.
Greta Reich contributed to this report.
