The Republican-controlled Senate will hold 11 brief pro forma sessions while most senators are away from Washington, a schedule that prevents the chamber from entering a long enough recess for President Donald Trump to exercise his recess appointment authority.
By yourNEWS Media Newsroom
The Senate will remain technically in session throughout its 37-day break from regular business under a schedule of 11 pro forma meetings that prevents President Donald Trump from using the constitutional recess appointment power to fill federal positions without immediate Senate confirmation.
The first pro forma session is scheduled for Monday, Aug. 10, at 10 a.m., beginning a series of brief meetings that will continue until senators return for regular legislative business Sept. 14.
Under the arrangement approved before lawmakers left Washington, a senator will periodically enter the chamber, call the Senate into session and then adjourn it without votes, debate or other legislative business expected.
Those short meetings carry significant constitutional consequences despite their limited activity.
The Supreme Court held in the 2014 case NLRB v. Noel Canning that pro forma sessions generally count as actual Senate sessions when the chamber retains the capacity to conduct business. The ruling also established that a recess of fewer than 10 days is ordinarily too short for a president to invoke the Recess Appointments Clause.
By scheduling pro forma sessions at intervals throughout the August break, the Senate prevents any recess from reaching the length generally required for Trump to make recess appointments.
The official Senate floor schedule lists the 11 sessions as follows:
Monday, Aug. 10, at 10 a.m.
Thursday, Aug. 13, at 8 a.m.
Monday, Aug. 17, at 1:30 p.m.
Thursday, Aug. 20, at 11:30 a.m.
Monday, Aug. 24, at 12:30 p.m.
Thursday, Aug. 27, at 8 a.m.
Monday, Aug. 31, at 11:30 a.m.
Tuesday, Sept. 1, at 12:30 p.m.
Friday, Sept. 4, at 10 a.m.
Tuesday, Sept. 8, at 1:15 p.m.
Thursday, Sept. 10, at 3 p.m.
Regular Senate business is scheduled to resume Monday, Sept. 14.
The arrangement has drawn criticism from supporters of Trump who argue that Senate Majority Leader John Thune, R-S.D., is using parliamentary procedure to deny a Republican president an appointment authority available when the Senate enters a qualifying recess.
Although most senators will be absent from Washington for more than a month, the succession of pro forma sessions means the chamber will never be considered continuously recessed for the full period.
That distinction is central to the president’s constitutional authority.
The Recess Appointments Clause allows a president to temporarily fill certain vacancies while the Senate is in recess. Such appointments can permit an administration to place officials into positions without first obtaining the confirmation normally required from senators, although the appointments are temporary.
The Supreme Court’s Noel Canning decision placed substantial limits on that authority by recognizing the Senate’s own determination that it remains in session during pro forma meetings, provided it retains the ability to conduct business.
The timing of the August and September sessions therefore repeatedly interrupts the Senate’s recess before it reaches 10 days.
Criticism of Thune’s decision circulated online as senators departed Washington, including through a social media post about the schedule.
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The practical result is that while the Senate will conduct little or no ordinary legislative work during the break, it will continue meeting often enough under Senate procedure to preserve its status as being in session and block the recess-appointment window from opening.
That leaves Trump dependent on the ordinary Senate confirmation process for appointments during the 37-day period despite Republican control of both the presidency and the Senate.
Original article
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