History of Recess appointment in Timeline

By Popular Timelines Editorial Team · Updated: November 15, 2024

In the United States, a recess appointment is the presidential appointment of a federal official while the U.S. Senate is in recess. The Constitution's Appointments Clause empowers the president to nominate and, with Senate confirmation, appoint officials to high-level federal positions. However, a recess appointment, as outlined in Article II, Section 2, Clause 3, offers an alternative method for temporarily filling vacancies when the Senate is unavailable. This provision was considered crucial to maintain government functionality during extended Senate absences, as explained by Alexander Hamilton in Federalist No. 67.

1956: Eisenhower's Recess Appointments

In 1956, President Eisenhower used recess appointments to place William J. Brennan on the Supreme Court, Charles W. Yost as Ambassador to Syria, and appoint Chief Justice Earl Warren and Associate Justice Potter Stewart.

1992: Eagleburger's Appointment as Secretary of State

In 1992, President George H.W. Bush appointed Lawrence Eagleburger as Secretary of State during a recess. Eagleburger had effectively been serving in the role after James Baker's resignation.

2000: Recess Appointments of Judges

Before 2000, presidents frequently used recess appointments to appoint judges, including ten Supreme Court justices.

November 2007: Reid Blocks Bush's Recess Appointments

In November 2007, Senate Majority Leader Harry Reid used pro forma sessions to prevent President George W. Bush from making recess appointments during the Thanksgiving break.

March 2010: Craig Becker Appointment

Craig Becker was appointed to the NLRB in March 2010 via recess appointment. This appointment was later deemed invalid by the Third Circuit Court.

2011: Cordray's Blocked Appointment

In 2011-2012, the Republican-controlled House used pro forma sessions to block Richard Cordray's appointment as Director of the Consumer Financial Protection Bureau.

January 4, 2012: Obama's Recess Appointments Despite Pro Forma Sessions

On January 4, 2012, President Obama made recess appointments despite pro forma sessions, arguing the sessions were designed to obstruct executive power. This led to Republican disputes and anticipated legal challenges.

January 6, 2012: DOJ Opinion on Recess Appointments

On January 6, 2012, the Department of Justice Office of Legal Counsel issued an opinion regarding recess appointments and pro forma sessions.

April 2012: Challenge to NLRB Ruling

In April 2012, a legal challenge disputed a National Labor Relations Board ruling made following Obama's recess appointments.

January 25, 2013: D.C. Circuit Court Ruling

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled on the validity of the January 4, 2012 recess appointments.

March 16, 2013: Third Circuit Court Ruling

On March 16, 2013, the Third Circuit Court of Appeals joined the D.C. Circuit in ruling against the validity of a recess appointment made in March 2010, stating it was invalid because it did not occur between sessions.

June 26, 2014: Supreme Court Upholds Pro Forma Sessions

On June 26, 2014, the Supreme Court ruled 9-0 that Congress can use pro forma sessions to block recess appointments, affirming that the Senate determines its sessions and recesses. The decision does allow for recess appointments during intra-session breaks for pre-existing vacancies.

2014: NLRB v. Noel Canning Supreme Court Case

On June 26, 2014, the Supreme Court affirmed the use of pro forma sessions by the Senate to prevent recess appointments, addressing intricacies of the practice in NLRB v. Noel Canning.

February 1, 2015: Obama's Recess Appointments

As of February 1, 2015, President Obama had made 32 recess appointments, all to full-time positions.

August 2017: Pro Forma Sessions to Block Trump

In August 2017, nine pro forma sessions were scheduled to prevent President Trump from making recess appointments, particularly out of concern he might dismiss Attorney General Jeff Sessions.

December 31, 2018: Pro Forma Sessions to Block Trump

On December 31, 2018, pro forma sessions were held to prevent President Trump from making recess appointments.

January 2, 2019: Pro Forma Sessions Continue

Pro forma sessions continued into January 2, 2019, the last day of the 115th Congress, to prevent potential recess appointments by President Trump.

January 2019: Pro Forma Sessions Continue

Pro forma sessions continued until January 2019 to prevent potential recess appointments by President Trump.

April 15, 2020: Trump Threatens to Adjourn Congress

On April 15, 2020, President Trump threatened to adjourn Congress to make recess appointments, but lacked the constitutional authority to do so without disagreement between the House and Senate on adjournment dates.

January 3, 2021: Planned Adjournment Date

January 3, 2021 was the planned adjournment date for Congress, agreed upon by both the House and Senate, preventing President Trump from using his adjournment authority.