Republicans hit brakes on Trump demand for speedy recess appointments

Confirming Matt Gaetz to run the Justice Department and Robert F. Kennedy Jr. to head the Department of Health and Human Services through recess appointments would be a quick and easy way to fill President-elect Donald Trump’s Cabinet in the face of Democratic stonewalling.

The idea fell flat on Capitol Hill, even among Republican lawmakers eager to help Mr. Trump fill positions and jump-start his agenda. 

Republicans who will control the 100-member Senate next year said they want to avoid letting Mr. Trump install his picks by skirting their scrutiny and confirmation votes, even though some of the nominees, including Mr. Gaetz and Mr. Kennedy, will likely face significant headwinds.

Sen. John Thune, the South Dakota Republican newly elected to serve as majority leader next year, said he would “explore all options” to confirm Mr. Trump’s nominations quickly, including recess appointments.

Still, Mr. Thune isn’t likely to bypass Senate hearings and committee votes on top nominees, especially polarizing picks such as Mr. Gaetz and Mr. Kennedy.

Senators are also eager to question former Rep. Tulsi Gabbard, who has been nominated to serve as director of national intelligence. They bristled at the idea of her bypassing their scrutiny.

“It’s a process,” Mr. Thune explained in an interview with The Washington Times. “The president nominates and the Senate confirms. As they come forward, our committee chairs and members of those committees are going to start evaluating these nominations, and eventually, they’ll get their day in court. We’ll evaluate them as they send them up.”

Mr. Trump has demanded that Republican Senate leaders agree to recess appointments. He argued on social media that Democrats made it difficult for him to staff his first-term administration by using procedural tactics to stall votes on his appointees.

In addition to his Cabinet, Mr. Trump must win confirmation of roughly 1,000 positions deemed critical to his administration.

Republicans will control the majority next year with 53 Senate seats. Only 51 votes are needed to confirm Cabinet and judicial appointments, but Democrats can use procedural hurdles to slow the process to a crawl.

“We cannot let it happen again,” Mr. Trump said. “We need positions filled immediately.”

Several Senate Republicans said they opposed recess appointments for top positions.

Sen. Susan M. Collins, Maine Republican, said Ms. Gabbard, Mr. Gaetz and Mr. Kennedy deserve Senate scrutiny and consideration.

“I think the advice and consent constitutional role of the Senate is very important, and I would not shortchange that,” Ms. Collins said.

Ms. Collins said recess appointments should be considered if Democrats put up “unreasonable roadblocks” to confirming Mr. Trump’s appointees, but she added that critical posts should not escape Senate consideration.

Mr. Gaetz was the subject of a House Ethics Committee investigation into alleged drug use, sexual misconduct and other rules violations, including misuse of campaign funds, bribery and sharing “inappropriate” images on the House floor. He resigned from his House seat last week, but senators in both parties are demanding to see the findings of the ethics probe.

“Mr. Gaetz is an example of where the Senate’s role is critical to take a look at allegations and his fitness for a very important job,” Ms. Collins said.

Skirting the Senate confirmation process involves procedural hurdles and practical limitations. In most cases, it would be difficult for a recess appointee to receive a federal paycheck, and the person would be authorized to serve only through the end of the next Congress, which concludes in the first week of January 2027.

A 2014 Supreme Court ruling added additional guardrails. Justices decided a president can make recess appointments only if the House and Senate vote to adjourn for at least 10 days. Republicans will control both chambers, but the Senate filibuster enables Democrats to endlessly stall approval of a 10-day recess.

Republicans don’t want to shutter the Senate, either.

“That’s not going to happen,” said Sen. Tommy Tuberville, Alabama Republican and staunch Trump ally. “We’ve got a lot to do, so I don’t think you’re going to see a 10-day recess.”

Mr. Thune is holding on to the option.

He suggested he would not allow Democrats to employ the slow-walking tactics in Mr. Trump’s second term that they used to hobble him the first time he ran the White House.

“I’ve said this, and I mean it: We expect a level of cooperation from the Democrats to work with us to get these folks installed. Obviously, we are going to look at all options to make sure they get moved, and they get moved quickly,” he told reporters.