Rule of Law

RELEASE: Civil Rights and Democracy Groups Join Forces to Oppose Preemptive Recess Appointments

Dozens of organizations sign letter to Senate

WASHINGTON D.C. – A total of 70 national civil rights and pro-democracy organizations today sent a joint letter to the Senate, demanding that it uphold its critical constitutional responsibility to advise and consent on presidential nominations to the executive and judicial branches. The letter delivery was organized and led by People For the American Way in collaboration with Public Citizen, the Constitutional Accountability Center, and Citizens for Responsibility and Ethics in Washington (CREW).

You can read the letter in full here.

The letter comes as President-elect Donald Trump is urging incoming Republican Senate leadership to let him bypass the Senate confirmation process and make recess appointments of his chosen nominees. It echoes Senate Majority Leader Chuck Schumer’s defense of the Senate’s constitutional role earlier this week, when he called on incoming Majority Leader John Thune to “process each nominee by reviewing standard FBI background-investigation materials, scheduling hearings and markups in the committees of jurisdiction, and considering nominees on the Senate floor.”

“If you’re trying to ram through nominees without Senate and public scrutiny, it’s a pretty good guess that you have something to hide,” said People For the American Way President Svante Myrick.  “The American people deserve full vetting of every person selected to serve in our nation’s highest offices and Trump’s nominees are no exception.”

“The Constitution’s requirement of Senate ‘Advice and Consent’ for certain high-ranking officers can provide an important check on a president’s ability to install officers who are wholly unqualified or unsuitable for office.  It’s difficult to understand why a president-elect would preemptively threaten recess appointments when the Senate is controlled by the president-elect’s own party — unless one considers the extreme and dangerous nature of many of the names being suggested for these incredibly important positions.  The Senate should rigorously and impartially vet these nominees.  Senators who ignore their constitutional role ignore their duty to the American people,” said Praveen Fernandes, Vice President, Constitutional Accountability Center.

“The Senate must do their job and thoroughly vet nominees for critical positions across government. To do otherwise is a dereliction of duty and neglects the Senate’s key constitutional responsibility to assess and vote on those nominated by the President. Donald Trump’s aggressive demand for recess appointment in lieu of usual process is yet another demonstration of his view that he is above the law, above other branches of government, and should be unilaterally allowed to do whatever he chooses. The Senate must not give in to his overreaching, irrational request,” said Lisa Gilbert, Co-President of Public Citizen.

“By urging the Senate to bypass the confirmation process and allow mass recess appointments for his cabinet and other executive branch nominations, President-elect Trump is attempting to do an end run around a key check on presidential power at a time of dwindling checks and balances,” said CREW President Noah Bookbinder. “Using recess appointments in this way goes against the strong intention of the Constitution’s framers to limit executive power. It only emphasizes Trump’s desire to skirt the guardrails in our system to prevent abuses and unlawful behavior, and it would deny the public a vital opportunity to hear about the merits and qualifications of his nominees. The Senate should do everything in its power to ensure that President-elect Trump adheres to the confirmation process and to avoid mass recess appointments that will only serve to further erode democratic institutions and the public’s trust in government.”

The organizations’ letter concludes that “Senators are elected to do a job. Every senator should have the dignity and fortitude to demand that the Senate exercise its constitutional responsibility to rigorously and impartially vet, and then vote on whether to confirm, the nominees of the incoming president.”

Organizations signing the letter include:

  1. People For the American Way
  2. Public Citizen
  3. Constitutional Accountability Center
  4. Citizens for Responsibility and Ethics in Washington
  5. Accountable.US
  6. AFT
  7. Alliance for Justice
  8. American Constitution Society
  9. American Federation of State, County and Municipal Employees (AFSCME)
  10. Americans United for Separation of Church and State
  11. Aunties Coalition
  12. Autistic Self Advocacy Network
  13. Bend the Arc: Jewish Action
  14. Campaign Legal Center
  15. Clearinghouse on Women’s Issues
  16. Climate Hawks Vote
  17. Coalition on Human Needs
  18. Common Cause
  19. Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces
  20. Courage for America
  21. Court Accountability Action
  22. Defend The Vote Action Fund
  23. DemCast USA
  24. Democracy 21
  25. Democracy Matters
  26. Democracy SENTRY
  27. Drug Policy Alliance
  28. Earthjustice Action
  29. Equal Justice Society
  30. Feminist Majority Foundation
  31. FFRF Action Fund
  32. Free Speech For People
  33. Friends of the Earth
  34. Greenpeace USA
  35. Human Rights Campaign
  36. Indivisible
  37. International Campaign for Responsible Technology
  38. Just Solutions
  39. Lambda Legal
  40. Lawyers for Good Government
  41. League of Conservation Voters
  42. MomsRising
  43. MoveOn
  44. NAACP
  45. National Advocacy Center of the Sisters of the Good Shepherd
  46. National Council of Jewish Women
  47. National Education Association
  48. National Employment Law Project
  49. National Health Law Program
  50. National Women’s Law Center
  51. Natural Resources Defense Council (NRDC)
  52. NBJC
  53. NextGen America
  54. Peace Action
  55. People Power United
  56. People’s Parity Project
  57. Project On Government Oversight
  58. Reproductive Freedom for All
  59. Service Employees International Union (SEIU)
  60. Sojourners
  61. Stand Up America
  62. State Democracy Defenders Action
  63. Take Back the Court Action Fund
  64. The National Vote
  65. The Restaurant Opportunities Centers United (ROC United)
  66. The Workers Circle
  67. Unitarian Universalists for Social Justice
  68. United Church of Christ
  69. Voices for Progress
  70. Voters of Tomorrow