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Donald Trump risks backlash from conservative Supreme Court justices over recess appointments


Republicans are set to control the White House and both houses of Congress in January, but President-elect Donald Trump’s plan to nominate loyalists for key Cabinet posts may face opposition from the Senate. Trump is considering using temporary recess appointments to bypass Senate approval, a move that could result in a Supreme Court battle. The court has only ruled on recess appointments once before, in a case involving President Obama’s appointments to the National Labor Relations Board. Justice Scalia argued that the Constitution only allows recess appointments during breaks between annual sessions of Congress, not during sessions. A more conservative Supreme Court could potentially rule differently. The legality of recess appointments is debated, with some arguing that the Senate can be convened quickly to consider nominations. Only individuals affected by an action taken by a recess-appointed official would have the standing to sue. The Supreme Court’s decision on recess appointments can take years, as seen in previous cases. Past recess appointments include Chief Justice Earl Warren and Federal Reserve Chair Alan Greenspan, who were later confirmed by the Senate. A separate legal issue could arise if Trump attempts to force the Senate into recess to make appointments, a provision that has never been invoked. Some scholars argue that the House and Senate must mutually agree on adjournment, casting doubt on the president’s ability to intervene in such matters.

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