A recess appointment to the Court?

Update Several sources report that the Senate is in full recess until February 22, and the analysis below relies on that idea. But the Senate Democrats’ website says otherwise, reporting that the body is reconvening for pro forma sessions at three-day intervals.  If so – and that’s what I would have expected – the strategy outlined below does not work.

That raises a different question: if the Senate Democrats are willing to play hardball, can they force a full recess, for example by making quorum calls at the pro forma sessions and – as provided in the Constitution – voting to compel the attendance of absent members? Since the Republicans have more seats to defend, at some point the cost of staying in Washington just to keep the President from doing his Constitutional duty might become intolerably high, not to mention making the Republicans look pretty damned silly.

But in the meantime, treat this as a “never mind.” Sorry!

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