Reading Room Document
Presidential Authority to Make Recess Appointments While Incumbents Hold Over
The President may make recess appointments to the Interstate Commerce Commission and to the Board of Directors of the Reconstruction Finance Corporation while members of those entities continue to serve in office under holdover statutes. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20896/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit