Thread by @themarketswork

1) A fair bit of talk about Recess Appointments.

For those expecting such, they should understand why a Recess Appointment would be very unlikely.

2) Recess appointments are not as easy to accomplish as some make out.

In general, full control of Senate, House & Presidency is now required.

Even then, the Minority has procedural defenses.

Getting them done in the face of these newer procedural defenses is no longer simple.

3) Even with full control of House & Senate, unity is required.

This is why we did not get any Recess Appointments in the more chaotic times of 2017 & 2018.

2017 was no chance. 2018 was questionable.

And President Trump could not afford a Recess Appointment failure in 2018.

4) One of the primary defenses against Recess Appointments is the use of Proforma Sessions during Recess.

These are meetings in name only that serve to keep the Senate "technically open" during recess.

This is a strategy that has been used by both Repubs & Dems.

5) These Pro Forma Sessions have already been scheduled by the Dems.

Most pro forma sessions are conducted before nearly empty chambers of Congress.

One took place today.

Here is the current schedule:
democrats.senate.gov/2019/08/01/sch…

6) Obama made Recess Appointments in 2012, despite Pro Forma Sessions, claiming the Senate was "not really open"

In 2014, the Supreme Court ruled against him in a 9-0 decision, noting “The Senate is in session when it says it is."
washingtonpost.com/politics/supre…

7) In other words, the Supreme Court has ruled that Pro Forma Sessions are a legally acceptable tactic.

Which is precisely why a Recess Appointment is so unlikely.

8) A question worth asking:

Why would any who should know better, be pushing the idea of Recess Appointments....

Avoid fake outrage. It is unnecessary and counterproductive.

And plays into the opposition's hands.

/End.