So far, congressional Republicans have given President Donald Trump almost everything he has asked for. One thing, however, remains off the table for now: recess appointments. The Senate won’t cancel the August recess to rush through the confirmation process, but they won’t stay out of session long enough for Trump to do it himself, either.
Now the president is reportedly considering giving recess rescissions a shot, as well – all while a group of GOP lawmakers is reportedly already working on a second “big, beautiful bill.” Will this all come to a head during the August recess that isn’t quite a full recess? It seems the honeymoon may soon be over.
So Much for Recess
As Liberty Nation News reported Monday, President Trump asked the Senate to remain in session through the previously planned August recess and confirm his remaining nominees. “The president asked a lot of the legislature so far this session, but congressional Republicans have largely delivered. The One Big Beautiful Bill Act, DOGE cuts, a crypto law, and, to date, 94 appointees confirmed by the Senate,” LNN explained. “But the seven scheduled for this week are just a drop in the bucket of what’s left – all told, 262 nominees still await confirmation by the Senate.” “Hopefully the very talented John Thune, fresh off our many victories over the past two weeks and, indeed, 6 months, will cancel August recess (and long weekends!), in order to get my incredible nominees confirmed,” the president had previously written on Truth Social. “We need them badly!!!” Well, it seems he’ll get part of what he asked for: Recess isn’t canceled, but it is modified – and the more than 250 appointees awaiting confirmation are left cooling their heels another month, at least. Rep. Thomas Massie (R-KY) took to X to point out the plan: “During August recess, Speaker Johnson and Leader Thune plan to call the House and Senate into session every four or five days, with practically no one there, for the sole purpose of preventing Trump from making recess appointments,” he wrote.The President’s Pro-Forma Problem
According to the Constitution, once the Senate has been in recess for ten days, the president can “fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” So, if senators take a long enough break to trigger this clause, they risk losing their advice and consent authority. Pro-forma sessions, however, solve this handily. A few members gavel in, conduct little to no business, then adjourn until a few days later. And it works – Republicans used it frequently to block Barack Obama’s nominees, and the Supreme Court even ruled that this is a legitimate usage. So why is the House involved? Well, also according to the Constitution, neither chamber can be in recess for more than ten days without the permission of the other. So, lawmakers can block Trump from taking matters into his own hands – but will they? All signs point to yes. The House adjourned for the August recess on Wednesday, July 23. Then, on Friday, July 25, a handful of legislators and clerks convened for just shy of three minutes. They gaveled in, read a letter from Speaker of the House Mike Johnson (R-LA) designating his stand-in for the day, prayed, approved the journal of the last day of proceedings, recited the Pledge of Allegiance, announced the signing of a bill, and then adjourned until Tuesday, July 29. Whether the House will continue this trend through August and whether the Senate will follow suit remains to be seen, but Friday’s events, combined with Rep. Massie’s remarks, don’t bode well for the president’s recess plans.Is the Honeymoon Over?
Why, one might ask. Why would the GOP majorities not just step out of the way and let Trump appoint his own people? They’ve certainly been willing enough to appease the president on other issues. That question was asked by many X users in the wake of Rep. Massie’s post – but one of the replies may hold the answer. “For those wondering why, it’s most likely so they have power to cut deals with Trump,” explained Anna Matson, a political market researcher. “We saw this with RFK Jr’s confirmation. Many senators held out on their vote until Trump cut a deal (Cassidy and Graham received endorsements in exchange for their yes vote).” Thomas Massie responded shortly after that, saying this “checks out.” But will this obviously intentional thwarting of the president result in more pushback or attempts at circumnavigation from the White House? And then what? Could the honeymoon be over? It’s entirely possible that this is just a hiccup – that once recess is over, senators will work on confirming Trump’s remaining nominees without requiring too much in the way of quid pro quo. But it certainly isn’t guaranteed.Dig Deeper Into the Themes Discussed in This Article!
Liberty Vault: The Constitution of the United States
