![]() “While Congress can prevent the president from making any recess appointments by remaining continuously in session and available to receive and act on nominations, it cannot do so by conducting pro forma sessions during a recess,” the opinion said. The Senate routinely holds over at least some nominations between sessions of Congress or recesses lasting more than 30 days. The Wall Street Journal Law Blog, Reuters and the Volokh Conspiracy covered the legal opinion. To prevent this from happening, the Senate may meet in brief (less-than-a-minute) pro forma session during various chamber recesses to discourage the. The use of pro formasessions in modern Senate practice means that the need to suspend Rule XXXI usually only occurs at the end of the 1st session of a Congress. ![]() A contrary interpretation would raise separation of powers concerns, the opinion says. Congress, a brief meeting (sometimes only several seconds) in which no business is conducted. Critics had claimed the appointments were unconstitutional because Senate Republicans had held short sessions over the holidays, establishing that Congress was not in recess.īut the legal opinion (PDF) by the Office of Legal Counsel says pro forma sessions where no business is conducted do not have the legal effect of interrupting a “recess of the Senate” under the recess appointments clause. Pro Forma Session: A brief congressional session that extends a current session to avoid a formal recess. ![]() 6, two days after President Obama made four controversial recess appointments-that of Richard Cordray to head the new Consumer Financial Protection Agency and three appointees to the National Labor Relations Board. The Regulatory Outlook for Higher Education. There are regional, political, ideological, and ethnic caucuses. The president has the authority to make recess appointments during “pro forma” Senate sessions, according to a Justice Department legal opinion released today. An informal organization of members of the Senate or House, or both, that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members.
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