How have they been used in the past?
With the exception of Trump and President Joe Biden, recent presidents have made use of recess appointments; according to the
Congressional Research Service, former President Barack Obama made 32 recess appointments, Bill Clinton made 139 recess appointments, and George W. Bush made 171 recess appointments.
Though recess appointments were meant to be used in emergencies or in times when Congress met less often, over the past few decades, they’ve become seen as a way for presidents to get around congressional opposition. The process faced major scrutiny during the Obama administration, and was curtailed after a 2014 Supreme Court ruling that
Obama had overstepped his power in utilizing recess nominations. (That’s why neither
Trump nor Biden made any recess appointments.)
In an effort to block recess appointments, the chamber often employs what are known as “pro forma” sessions. These short meetings, in which no real business is conducted, mean the Senate is never in recess for more than 10 days — preventing the president from making any appointments without the body’s consent. A pro forma session can be as simple as one senator gavelling in, and then calling the session over.
If recess appointments are reinstated, there is little Democrats could do to stop the process, Squire said. But they could slow down legislative processes, which “wouldn’t necessarily prevent [recess appointments] from happening, but there would be a penalty — a cost attached to it.”
