WASHINGTON – Senator Mike Lee (R-Utah) is strongly advocating for the Senate to remain in session and confirm approximately 135 pending Trump administration nominees before its scheduled August recess. Lee argues that the continued backlog effectively cedes control of federal agencies to unelected bureaucrats, a situation he refers to as the "Deep State."
In a recent tweet, Senator Lee stated, > "We flip, effectively, control of the US government...over to Democrats every day we refuse or decline or fail to do the work necessary to confirm these people." He further emphasized, "The Senate shouldn’t recess before clearing the 135-nominee confirmation backlog."
The Utah senator has presented a clear ultimatum: either the Senate votes on the nominees, or it takes a genuine recess without "pro forma" sessions, which are brief, symbolic meetings designed to prevent the President from making recess appointments. Recess appointments allow a president to fill vacancies without Senate approval when Congress is out of session, but these appointments expire at the end of the next Senate session. Proponents of this approach, including former President Trump, believe it is necessary to circumvent what they describe as Democratic obstruction.
Senate Majority Leader John Thune (R-S.D.) has acknowledged the growing pressure from within his party regarding the backlog. While Thune has not ruled out canceling the August recess, he has also indicated that allowing recess appointments is an option "on the table" to address the significant number of unconfirmed positions. The current backlog of 135 nominees includes a range of positions, from judicial appointments to various executive branch roles.
Critics of the delays, including Senator Lee, contend that Democrats have engaged in an "unprecedented campaign of delay and obstruction," forcing time-consuming procedural votes even for non-controversial nominees. This has significantly slowed the confirmation process, with some estimates suggesting it could take years to clear the current list at the Senate's present pace. Democrats, however, have sometimes cited the need for thorough vetting, background checks, and concerns over qualifications or policy positions as reasons for extended review.
The debate highlights a recurring tension between the executive and legislative branches over presidential appointments. Historically, confirmation times have increased, and the use of "holds" and extended debate has become more common, contributing to backlogs. Senator Lee and his allies maintain that swift action is crucial to enable the President to fully staff his administration and implement his agenda.