Recess Appointments

The Recess Appointments Clause of Article II lets the President fill vacancies that may happen during the recess of the Senate by granting commissions that expire at the end of the Senate's next session. The framers included it because the early Senate was often out of session for months, and George Washington made the first recess appointments in 1789. Presidents have made thousands since, including three Supreme Court Justices who were later confirmed, among them Chief Justice Earl Warren in 1953.

Over time, presidents used recess appointments not only when the Senate was away for long periods but also to install nominees the Senate had not confirmed, including during short breaks. Congress responded by restricting pay for some recess appointees, and senators began holding pro forma sessions during breaks to prevent recesses. In NLRB v. Noel Canning, decided June 26, 2014, the Supreme Court held that the clause applies to both breaks between sessions and recesses within a session, but that a recess of fewer than 10 days is presumptively too short, and that the Senate is in session during pro forma sessions.

No President has made a recess appointment since January 2012, because the Senate has consistently held pro forma sessions. After the November 2024 election, the President-elect urged the Senate majority to allow recess appointments to speed the confirmation of his cabinet, raising the possibility of a formal adjournment, but the Senate did not do so. Supporters of recess appointments say they keep the government staffed when the Senate obstructs nominees, while critics say they let the President evade the Senate's constitutional role in confirming officers.