<P> "an interpretation of' the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice - and - consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction . This cannot be the law ." </P> <P> On June 26, 2014, in a 9--0 ruling, the United States Supreme Court validated this practice of using pro forma sessions to block the president from using the recess appointment authority . Justice Breyer also wrote in NLRB v. Noel Canning that the President could force a recess if he had enough congressional support: </P> <P> "The Constitution also gives the President (if he has enough allies in Congress) a way to force a recess . Art . II, § 3 (' (I) n Case of Disagreement between (the Houses), with Respect to the Time of Adjournment, (the President) may adjourn them to such Time as he shall think proper'). Moreover, the President and Senators engage with each other in many different ways (* 28) and have a variety of methods of encouraging each other to accept their points of view . Regardless, the Recess Appointments Clause is not designed to overcome serious institutional friction . It simply provides a subsidiary method for appointing officials when the Senate is away during a recess ." </P> <P> (On July 16, 2013, the U.S. Senate confirmed Cordray to a five - year term as Director .) </P>

The senate has rejected the president's appointment of a cabinet member