Via US News: Bush’s Summer Hires Targeted
Senate Majority Leader Harry Reid has a little trick up his sleeve that could spell an end to President Bush’s devilish recess appointments of controversial figures like former United Nations Ambassador John Bolton.[...]
The talk is he will hold a quickie “pro forma” session every 10 days, tapping a local senator to run the hall.
And interesting move–I wonder if Reid will be able to pull it off. Given the vacancy at the the #2 slot at Justice and the potential for an AG vacancy as well, Senate Democrats would likely be wise to make it work.
Update: James Joyner is skeptical that this will work, and upon further reflection, I concur with his basic assessment.
Reid may be basing his ten-day cycle on a 1921 Attorney General opinion that a ten day gap was likely too short a recess, but a 1993 DoJ briefing argued for a gap of as small as 3 days. I noted these opinions here. James notes a number of recess appointments made during brief recesses (as short as 11 days).
My guess is that President Bush would be willing, based on his track record, to make a recess appointment for a recess of 24 hours, and then seek to fight it out with the Senate. As such, James is right: this won’t work.
BTW, here’s the definition of“pro forma session
“ from the Senate’s online glossary:
A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.Sphere: Related Content
May 21st, 2007 at 11:16 am
Recess appointments are yet another of the archaic features of this constitution that should have been rectified decades ago.