Any recess appointments would be news. The last successful recess appointment was 14 years ago when Obama recess appointed 3 Ambassadors and a Deputy Attorney General on December 29, 2010. Trump and Biden made zero recess appointments. In the 2014 case NLRB v. Noel Canning, Justice Scalia found "the recess appointment power is an anachronism". Recess appointments belong in the horse and buggy age. Today, the Senate is able to act on short notice if it decides to do so.

A recess appointment of Kennedy who will go wild on the U.S. healthcare system would be a win-win-lose. Senators don't have to go on the record voting for this loose cannon, and there's a distraction while Trump recess appoints generals to find the enemies within, followed by retribution and rigged elections.