Many of President-elect Donald Trump’s announced cabinet nominees are well respected and will likely have an easy path to Senate approval. Others, not so much. So Trump has proposed doing something no president has ever done before: Skirting the Senate approval process altogether via recess appointments. This appointment scheme delegitimizes Trump’s cabinet picks, sets a dangerous precedent for future administrations, and is likely unconstitutional.
John Yoo is the Emanuel Heller Professor of Law at the University of California at Berkeley, a Nonresident Senior Fellow at the American Enterprise Institute, and a Visiting Fellow at the Hoover Institution and Stanford University. Yoo was a law clerk for Supreme Court Justice Clarence Thomas, the general council of the Senate Judiciary Committee, and the former head of the Office of Legal Counsel in the Justice Department. His most recent book is The Politically Incorrect Guide to the Supreme Court (Regnery, 2023) with Robert Delahunty.