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US: Slim House Majority Could Impact Trump's Ability To Use Recess Appointment

US

House Speaker Mike Johnson's (R-LA) razor-thin majority in the House of Representatives could derail President-elect Donald Trump prospects of using 'recess appointment' to confirm his executive branch nominees without majority Senate support. 

  • A recess appointment is a procedural loophole via which a president can confirm nominees while both chambers of Congress are recessed for an extended period. Former Presidents Bill Clinton, George W. Bush, and Barack Obama all used the manoeuvre, although not for high-level cabinet positions like Defense Secretary or Attorney General, such as Trump may pursue.
  • As the procedure would require the House of Representatives to pass an adjournment resolution to initiate the process, success will depend on near-total support from House Republicans. Currently, Republicans control 219 seats to Democrats’ 213, with five races uncalled. If those races go as expected, Johnson is likely to have a two-to-three-vote majority to play with when passing legislation.
  • Considering the level of scrutiny over allegations levelled at Defense Sec nominee Pete Hegseth and AG nominee Matt Gaetz, this majority is unlikely to be sufficiently robust to pass the chamber.
  • Trump's more likely route to confirming his nominees is via the Senate, where he can drop three votes. While several of Trump's nominees would unlikely pass a hypothetical secret ballot confirmation process, the public nature of the vote will make dissent politically damaging for individual senators. Politico has published a list of the senators who may vote down Trump's nominees here, although none are yet on the record as 'noes' to any nominee. 
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House Speaker Mike Johnson's (R-LA) razor-thin majority in the House of Representatives could derail President-elect Donald Trump prospects of using 'recess appointment' to confirm his executive branch nominees without majority Senate support. 

  • A recess appointment is a procedural loophole via which a president can confirm nominees while both chambers of Congress are recessed for an extended period. Former Presidents Bill Clinton, George W. Bush, and Barack Obama all used the manoeuvre, although not for high-level cabinet positions like Defense Secretary or Attorney General, such as Trump may pursue.
  • As the procedure would require the House of Representatives to pass an adjournment resolution to initiate the process, success will depend on near-total support from House Republicans. Currently, Republicans control 219 seats to Democrats’ 213, with five races uncalled. If those races go as expected, Johnson is likely to have a two-to-three-vote majority to play with when passing legislation.
  • Considering the level of scrutiny over allegations levelled at Defense Sec nominee Pete Hegseth and AG nominee Matt Gaetz, this majority is unlikely to be sufficiently robust to pass the chamber.
  • Trump's more likely route to confirming his nominees is via the Senate, where he can drop three votes. While several of Trump's nominees would unlikely pass a hypothetical secret ballot confirmation process, the public nature of the vote will make dissent politically damaging for individual senators. Politico has published a list of the senators who may vote down Trump's nominees here, although none are yet on the record as 'noes' to any nominee.