Bruce Mehlman:
The Adjournment Clause: Article II, Section 3 of the U.S. Constitution says the President “may adjourn [Congress] to such Time as he shall think proper” if the House & Senate cannot agree on when to adjourn. When Congress is adjourned, Presidents can make recess appointments to fill jobs in the Executive Branch that otherwise require confirmation, as most modern Presidents did before Congress stopped formally adjourning (by maintaining pro forma sessions) to prevent it. Some fear the House may vote to adjourn in 2025 while the Senate declines, empowering President Trump to send them home and recess appoint whomever he wants, avoiding the increasingly time-consuming task of Senate confirmation (chart). Will the 119th Congress advise & consent or adjourn & relent? Stay tuned.
