Recess Appointments Amid Pro Forma Senate Sessions

Recess Appointments Amid Pro Forma Senate Sessions A twenty-day Senate recess may give rise to presidential authority to make recess ap- pointments. Congress’s provision for pro forma sessions during that twenty-day period does not have the legal effect of interrupting the recess for purposes of the Recess Appointments Clause. In this context, the President has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and may exercise his power to make recess appointments. January 6, 2012 MEMORANDUM OPINION FOR THE COUNSEL TO THE PRESIDENT * On December…