How The Recess Gambit Might Play Out

Created
Fri, 15/11/2024 - 08:30
Updated
Fri, 15/11/2024 - 08:30
Former Harry Reid staffer Adam Jentleson gave a rundown on Xitter: A quick thread on what seems to be Trump’s plan to obliterate the Senate’s advise and consent responsibility so that he can recess appoint his cabinet, or at least those members who lack the votes to get confirmed by the Senate.  Remember that only the Senate confirms nominees and judges. The House has no role in the confirmation process itself. The Constitution allows POTUS to make recess appointments, ie to put nominees in place without Senate confirmation. In the past this has been used sparingly.  For recess appointments to happen, the Senate has to be in recess. For a decade or so, the Senate has not been going into recess when it adjourns but pro forma sessions, which can last up to 3 days. Long story, it goes back to Rs blocking Obama from doing recess appointments.  Gonna try to avoid the weeds here, but the fact that Senate has been going into pro forma sessions is why you have the odd spectacle of senators gaveling the Senate in and out of session every three days during longer “recesses” like holiday breaks. ANYWAY…  To recess, the Senate needs to pass an adjournment resolution, which is and has always been a majority-rule vote (because nearly everything in the Senate used to be majority-rule until relatively recently). The House has to approve the Senate’s adjournment res, and vice-versa.  The Constitution gives POTUS the authority to adjourn both the House and Senate…