President-elect Donald Trump is demanding Republican senators vying to be majority leader support recess appointments for his nominees — a way for presidents to essentially bypass Congress that has recently been blocked by the minority party.
All three senators running in this week’s secret-ballot election quickly signaled support for the idea, even though Democrats could filibuster motions to go into recess and therefore block those recess appointments from happening.
“Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner,” Trump posted on X on Sunday. “Sometimes the votes can take two years, or more. This is what they did four years ago, and we cannot let it happen again. We need positions filled IMMEDIATELY!”
Trump’s demand for recess appointments resurfaces a decades-old clash between presidents and Capitol Hill leaders — one in which the Supreme Court has previously weighed in favor of the Senate’s powers.
Both chambers have to pass a resolution to go into recess, which would give Senate Democrats an opportunity to filibuster the resolution and essentially block its passage. During Trump’s first term, for example, he was blocked by the Senate from using recess appointments to replace then-Attorney General Jeff Sessions.
But the incoming Senate GOP leader backing the idea would be a notable support for expansion of presidential power, even for a leader in the same party as the president-elect. In past decades, senators of both parties have been skeptical of the practice.
Florida Sen. Rick Scott — the long-shot candidate who is winning support of a handful of conservative senators and MAGA influencers — on Sunday quickly posted on X endorsing Trump’s post: “100% agree. I will do whatever it takes to get your nominations through as quickly as possible.” Trump ally Elon Musk then praised the Florida Republican, writing on X: “Rick Scott for Senate Majority Leader!”
Over the weekend, former Fox News host Tucker Carlson and Vivek Ramaswamy announced they’d back Scott, while Robert F. Kennedy Jr. suggested he did as well, posting on X that without Scott, the Trump agenda would be “wobbly.” Sens. Rand Paul of Kentucky, Bill Hagerty of Tennessee and Marco Rubio of Florida have also come out for Scott.
Most senators have not made their positions known, but Scott is still a significant underdog, with GOP Whip John Thune of South Dakota and Sen. John Cornyn of Texas seen as the favorites. Both Thune and Cornyn also suggested on Sunday they’re open to Trump’s demand for recess appointments.
Thune posted on X that “all options are on the table” to quickly confirm Trump’s nominees.
“We must act quickly and decisively to get the president’s nominees in place as soon as possible, & all options are on the table to make that happen, including recess appointments. We cannot let Schumer and Senate Dems block the will of the American people,” the South Dakota Republican wrote.
Cornyn, calling it “unacceptable” for Democrats to “blockade” Trump’s appointments, wrote on X: “If they do, we will stay in session, including weekends, until they relent. Additionally, the Constitution expressly confers the power on the President to make recess appointments.”
Cornyn discussed this issue with Trump prior to posting on X, according to a source familiar.
Also on Sunday, Trump called on Senate Republicans to block any attempt by the current Democratic-controlled Senate to push through more judges before the balance of balance changes.
Trump posted: “Additionally, no Judges should be approved during this period of time because the Democrats are looking to ram through their Judges as the Republicans fight over Leadership. THIS IS NOT ACCEPTABLE. THANK YOU!”
But Democrats will control the chamber for the rest of Biden’s presidency and do not need GOP votes to approve judges.
The question of recess appointments will now throw a major wrench in the Senate GOP’s leadership election when senators return to Washington this week.
Recess appointments were once controversial, last-ditch efforts for presidents to install their nominees after facing long confirmation odds in the Senate. President George W. Bush appointed John Bolton as US ambassador to the United Nations via a recess appointment, for example, as it was unlikely he would have made it through the Senate.
Senate Majority Leader Harry Reid, the Democrat leading the Senate under Bush, then decided to make it so that the chamber simply never recessed long enough for such an appointment to be made. When senators left town, the Senate held a “pro forma” session to prevent any recess appointments.
This was continued under then-Senate Majority Leader Mitch McConnell and then-President Barack Obama — a clash that made it to the Supreme Court. And after the court ruled in favor of the Senate’s powers, the pro forma sessions continue today.
This story has been updated with additional developments.
CNN’s Ted Barrett and Sarah Ferris contributed to this report.