Reading Room Document
Recess Appointments Issues
The following memorandum reviews a number of legal and constitutional issues relating to the President's power to make appointments during a recess of the Senate, concluding that there have been no developments which call into question the conclusions of a 1960 Attorney General opinion, 41 Op. Att'y Gen. 463. It also contrasts the language, effects and purposes of the Pocket Veto and Recess Appointments Clauses. 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/23186/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit