Trump's planned recess appointments are likely to be ruled unconstitutional
The Trump transition team may think it has a game plan to install controversial nominees in Cabinet jobs, but the conservative Supreme Court is likely to block it.
The regular order would be for the Senate to take up the nominees on inauguration day and quickly confirm them. Several of Donald Trumps picks, however, are already under fire for lack of qualifications or questionable personal behaviors.
They cant be blocked by a Senate filibuster, but they could be delayed by holds and extended debate. As we learned when Sen. Tommy Tuberville (R-Ala.) blocked hundreds of military nominations, it takes three days to confirm any individual nomination when a senator objects.
While president, Trump expressed enthusiasm for recess appointments, not least because the interim office holders followed his wishes while auditioning for permanent appointments. But Congress passed a law in the 1990s limiting how long such temporary officials could hold office, and they lacked the full administrative authority of Senate-confirmed officials.
https://www.yahoo.com/news/opinion-trump-planned-recess-appointments-193000266.html