The US Senate may be taking a month-long break in August, but Republicans and Democrats agreed to hold nine “pro forma” sessions to skirt the definition of being “in recess,” blocking any appointments President Donald Trump might wish to make.
After confirming 65 Trump nominees to posts ranging from ambassadorships to the Federal Communications Commission, the Senate adjourned Thursday for a month-long break. Wrapping up the chamber’s business, Senator Lisa Murkowski (R-Alaska) locked in nine “pro forma” sessions, to be held every three days during the August recess. None of her colleagues objected.
Double FU from McConnell to Trump: leaving town w/out passing healthcare & putting Senate in pro-forma session to block recess appointments.— Amy Siskind (@Amy_Siskind) August 3, 2017
The move was widely seen as a rebuke to Trump, as he will not be able to make any “recess appointments” during the month-long break ‒ including the new head of the Department of Homeland Security to replace John Kelly, who ran the agency for seven months before taking over as the White House chief of staff this week.
Trump has already signaled his displeasure with both houses of Congress, after they passed a bill imposing new sanctions against Russia, Iran and North Korea with sufficient votes to override his veto. He signed the bill into law on Wednesday, but called several provisions “clearly unconstitutional.”
Iran has called the sanctions a violation of the 2015 nuclear deal, while several European government said the US law would harm their national interests. Russian Prime Minister Dmitry Medvedev called the bill a "humiliating defeat" for Trump and part of a power grab by Congress.
“Our relationship with Russia is at an all-time and very dangerous low,” Trump tweeted on Wednesday. “You can thank Congress, the same people that can't even give us healthcare!”
Last month’s battle over the repeal of Obamacare appears to be related to the recess appointment block. Trump ran on the platform of repealing and replacing the health insurance mandate the Democratic majority passed in 2010 without any Republican support. When it was time to actually do it, the Republicans balked. Murkowski was one of the three Republican senators who helped sink the so-called “skinny repeal” of Obamacare, along with Susan Collins (R-Maine) and long-time Trump foe John McCain (R-Arizona).
Opposition to Obamacare repeal efforts was also why the Democrats were slowing down the approvals for Trump appointees, Minority Leader Chuck Schumer (D-New York) had told Republicans, according to the Washington Examiner.
Despite Thursday’s flurry of approvals, many posts in the Trump administration remain vacant or in the hands of Obama administration holdovers.
Congress has been blocking recess appointments for 5+ years (since 1/4/2012) due to Obama's abuse of the privilege. https://t.co/c3BZf6rrlv— Sean Davis (@seanmdav) August 4, 2017
The tactic of meeting pro-forma to avoid being in recess was adopted following the unanimous US Supreme Court decision in 2014 (National Labor Relations Board v. Canning) that the Obama administration had exceeded its authority by appointing several officials while the Senate was away.
In a concurring opinion, conservative Justice Antonin Scalia described the recess appointment power as “an anachronism" whose continued existence was “unfortunate.” Justices Roberts, Thomas and Alito agreed.
Poster Comment:
Unanimous opposition to Trump, no one objected to Senator Lisa Murkowski (R-Alaska). True bipartisanship.
#1: A K A Stone To: hondo68 (#0)
A K A Stone posted on 2017-08-06 22:30:31 Reply Private Reply
#2: Vicomte13 To: hondo68 (#0)
Vicomte13 posted on 2017-08-06 22:53:02 Reply Private Reply
#3: Hondo68 To: A K A Stone, A K A Jimmy Carter (#1)
There you go again!
Hondo68 posted on 2017-08-06 23:24:37 Reply Private Reply
#4: Hondo68 To: Vicomte13 (#2)
He's probably covering up for his next door neighbor Bernie Sanders hacking of the DNC server by blaming the Ruskies.
Then, Donald's homeboy Chuck E. Schumer pushed all of his nominees through the Senate in one day.
These NYC progressives stick together!
Hondo68 posted on 2017-08-07 01:19:19 Reply Private Reply
#5: Stoner To: hondo68 (#0)
Stoner posted on 2017-08-07 07:43:16 Reply Private Reply
#6: misterwhite To: Vicomte13 (#2)
It passed Congress with a veto-proof majority. What's the point? Plus, overriding his veto makes Trump look weak -- and THAT would be the headline.
misterwhite posted on 2017-08-07 10:52:32 Reply Private Reply
#7: Vicomte13 To: misterwhite (#6)
Make them actually override his veto - not threaten to. And in the leadup to the override, have Trump make clear which Republican he will retaliate against.
Fights cost everybody who fights. If Republicans team up with Democrats against Trump, those Republicans who do it get annihilated in 2018, when Trump actively campaigns against them, and has the various agencies he controls leak all sorts of damaging stuff.
Trump surrendered without a fight here. Not a good sign.
It's sort of like the filibuster in the Senate. It is possible to defeat a filibuster by actually letting them filibuster - but then forcing the actual filibuster - forcing the old men to stand there and talk, day after day, without a break. And if they break down because of a PHYSICAL breakdown - the debate ends. They don't get a "bye" because their bodies physically fail and they can't keep talking.
Because the Senators are old and don't want to be forced to an actual physical endurance test, they've made conventions whereby they just have to SAY they are filibustering, to do it. But that can be defeated by making them actually have to do it - and keep it going until they start having strokes and heart attacks, and let them pause for a minute, and the debate is closed, they've lost the floor, and that is that. Make them pee themselves, exhaust themselves, physically hurt themselves trying to stand there and talk, 24/7/30/12/366.25
In the end somebody will fail or crack, every time - they're old, and they can't send an aide out to do it.
Use their physical frailty to make them destroy their health standing there time and time again, and grant them no mercy and no extra time when one of them collapses.
Want to filibuster? Then we will do it until one of you DIES, and we'll do it again and again. No "allowances", no special rules to avoid the pain. Full on pain, without break.
Vicomte13 posted on 2017-08-07 11:37:34 Reply Private Reply
#8: Jameson To: hondo68 (#0)
Trump will resign in anger - Over/Under 6 months..........
Jameson posted on 2017-08-07 12:18:29 Reply Private Reply
#9: misterwhite To: Vicomte13 (#7)
In this case, that would feed right into "Trump loves Russia". Not the best time to do this. Plus, Trump needs to pick his fights and this isn't one of them.
"but then forcing the actual filibuster - forcing the old men to stand there and talk, day after day, without a break.
On that we agree.
misterwhite posted on 2017-08-07 12:26:01 Reply Private Reply
#10: Hondo68 To: Jameson (#8)
Ivanka and Maxine won't let him quit until their progressive agenda is fully implemented.
Hondo68 posted on 2017-08-07 12:51:27 Reply Private Reply
#11: misterwhite To: hondo68 (#0)
Who said the Senate can't pass anything?
misterwhite posted on 2017-08-08 12:00:44 Reply Private Reply
#12: Hondo68 To: misterwhite, Senate cant pass anything, for one month (#11)
The Senate can't pass anything, they gave Trump the finger and then went home for a months vacation.
Hondo68 posted on 2017-08-08 14:23:18 Reply Private Reply