By Brigette Gabriel – November 29, 2024
Democrats are crowing about the supposedly anti-constitutional practice of recess appointments for Trump cabinet picks, but recess appointments go back to the beginning of our Republic. Established in Article II, Section 2 of the Constitution, recess appointments allow the President to fill vacancies temporarily when the Senate is not in session. This mechanism has been used by presidents from George Washington to Joe Biden.
The incoming Republican Senate majority diminishes the need for recess appointments in the upcoming transition. The new Senate, convening on January 3, 2025, will have sufficient time to deliberate on Trump’s nominees before his January 20 inauguration. This process underscores Republican confidence in navigating the confirmation process without bypassing Senate scrutiny.
With 51 Republican senators, the GOP majority can afford up to three defections in confirming nominees, with Vice President-Elect JD Vance expected to break any 50-50 ties. This slim margin intensifies the importance of party unity, particularly with moderate Republicans like Murkowski, Collins, and Todd Young (R-IN) signaling skepticism about key appointments.
President-elect Trump has proposed high-profile and controversial figures for key cabinet positions. Rep. Matt Gaetz (R-FL) for Attorney General is among the most debated nominees. Gaetz has drawn strong support from Rep. Jim Jordan (R-OH), Chairman of the House Judiciary Committee, who commended Gaetz’s legal acumen and potential to reform the Department of Justice. Jordan argues that Gaetz would address perceived abuses of power, including political targeting and unresolved investigations such as January 6 and the Dobbs leak. However, skepticism within the Republican ranks could complicate Gaetz’s confirmation.
| Senators like Lisa Murkowski (R-AK) and Susan Collins (R-ME) have voiced reservations about the nomination. Murkowski dismissed the choice as unserious, while Collins expressed surprise, emphasizing the extensive questioning likely at confirmation hearings. Both senators represent moderate or independent factions within the GOP, adding complexity to Trump’s confirmation strategy. Other contentious nominations include Robert F. Kennedy Jr. for Secretary of Health and Human Services and Pete Hegseth for Secretary of Defense. Murkowski and Collins, both members of the Senate Health, Education, Labor, and Pensions Committee (HELP), have hinted at concerns over Kennedy’s controversial views on vaccines. Murkowski, a vaccine proponent, could influence the HELP Committee’s proceedings, while Sen. Bill Cassidy (R-LA), expected to chair the committee, may also be pivotal in these deliberations. Senators like John Curtis (R-UT) have emphasized institutional norms, opposing extended Senate recesses to bypass confirmation processes. At the same time, Young has criticized Trump for his handling of the January 6, 2021, Capitol attack. Meanwhile, public support for Trump’s picks will be critical. Grassroots Republican voters are urged to contact their senators and advocate for swift confirmation. Contact Your Senators Below: |
| Sen. Lisa Murkowski (R-AK) 202-224-6665 Sen. Susan Collins (R-ME) 202-224-2523 Sen.-elect John Curtis (R-UT) 202-225-7751 Sen. Bill Cassidy (R-LA) 202-224-5824 Sen. Todd Young (R-IN) 202-224-5623 |
| While Trump’s nominations signal a bold, reform-oriented agenda, the confirmation process relies on a Senate majority, and public advocacy will be pivotal in securing the approval of these contentious figures. Together, we will hold the Senate accountable for unifying our government under the Trump mandate! |
Brigette Gabriel is Founder of ACT for America
