WASHINGTON – In case you missed it, U.S. Senator Chris Coons (D-Del.) published an op-ed in TIME magazine today condemning Republicans’ consideration of recess appointments to confirm President-elect Donald Trump’s controversial nominees, warning the GOP that it will make it far more likely that Democrats will do the same at the next available opportunity.
Last month, Trump asked that Republican lawmakers allow him to make appointments in his new administration without a Senate confirmation vote in an attempt to reduce the already-limited power Democrats have to weigh in on his administration.
Senator Coons writes that bypassing the Senate’s confirmation process for controversial nominees like Kash Patel, Tulsi Gabbard, and Robert F. Kennedy Jr. will undermine the Senate’s constitutional role of “advice and consent” over judges, ambassadors, and Cabinet members.
There are more than just constitutional risks for Republicans at stake, however; should Republicans allow Trump to use recess appointments to confirm his nominees without Senate approval, Democrats will be empowered to do the same the next time they control the White House. Republicans should instead abide by “advice and consent” traditions and ensure that nominees can still get 50 votes.
TIME: Why Trump’s Talk of Recess Appointments Is Dangerous
Less than a week after his election, Trump began calling on congressional leaders to let him make recess appointments. … Sadly, both the incoming Senate Majority Leader John Thune (R-S.D.) and Speaker Mike Johnson (R-La.) have expressed openness to the idea. They should be careful: [G]oing down that road will both weaken a key constitutional guardrail in our system and eventually may end with them staring at a collection of Democrats’ own recess appointments.
The Framers intended the President’s [C]abinet to go through the confirmation process when they gave the Senate the role of providing “advice and consent” over judges, ambassadors, and [C]abinet members. Recess appointments weren’t even considered during Trump’s first term; Senators met with nominees, and the Senate held public hearings whose purpose was to clarify and develop the agendas of potential cabinet officials.
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Using the recess appointments loophole to confirm them instead makes a mockery of our constitutional role and will further damage the bipartisan relationships in Congress that remain necessary to pass most legislation in a closely-divided Senate. If that high-minded argument doesn’t work, however, consider this: [I]f Republicans adjourn Congress so Trump can make recess appointments, Democrats will unfortunately be far more likely to do the same at the next opportunity.
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So, to my Senate colleagues, especially those on the other side, I say this: [W]e have the constitutional duty of advice and consent for a reason. Use it. If you have the votes to confirm someone, pass them through committee, put them on the Senate floor, and confirm them like we’ve always done. I’ll vote with you if I think they’ll advance the interests of the American people.
If you resort to recess appointments, however, you may well learn to regret it. Possibly, sooner than you think.