Quote (Thor123422 @ Apr 15 2020 08:49pm)
How is it similar when Obama never attempted to force them into recess?
It seems like this situation is the exact opposite of what happened in the Obama case. In the case of Obama congress held pro-forma sessions to technically stay in session to keep recess appointments from happening and in this case Trump is threatening to force them out so he can make recess appointments.
Like it seems to be literally the exact opposite situation.
They are holding pro-forma sessions to technically stay in session to keep recess appointments from happening right now. That's what they're doing to keep Trump from making appointments, and thats what they've done for a few decades straight now to presidents of both parties. The distinction between the two cases is pure contrived and functionally identical.
In Obama's case, he simply unilaterally declared that pro forma sessions are invalid and don't count as being in session, and therefore congress is not in session and he could make recess appointments. This got struck down at the supreme court in a 9-0 decision including Obama's appointees, who said that congress is in session whenever congress says its in session. In Trump's case, he's citing a constitutional provision that gives the president the authority to adjourn congress if the houses are in disagreement over whether they are in session. This means it would only be possible if the republican controlled senate willfully adjourned and ended their pro forma sessions, but the house objected. Giving him constitutional authority to declare the house adjourned. The only effect here is that adjournment must be acceded to by both the house and senate, so this would effectively give the senate the ability to force the house to adjourn, only for the purpose of letting the senate abdicate its own powers. And McConnell doesn't seem ready to agree to stop existing in order to do something he could do on his own if he really wanted to anyway. Functionally, Trump's 'threat' would be the exact same thing as McConnell going nuclear to allow presidential appointees to be confirmed with next to no deliberations/filibuster/green card in the senate and party line vote, because once this precedent is set the next democrat controlled president and senate could use it.
This post was edited by Goomshill on Apr 15 2020 08:47pm