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Ed Whelan Profile picture
@EdWhelanEPPC
Nov 13 • 5 tweets • 1 min read • Read on X
Hope it's wrong, but I'm hearing through the grapevine about this bonkers plan: Trump would adjourn both Houses of Congress under Article II, section 3, and then recess-appoint his Cabinet.
As predicate for Trump's exercise of adjournment power, one House of Congress would seek other House's consent to adjourn and be denied. So Speaker of House would need to be complicit in evisceration of Senate's advice-and-consent role.
House Speaker Mike Johnson needs to say NO to this right away.
Not sure how this could go forward, though, if Senate agrees that House can adjourn but Senate itself remains in session. Maybe that explains the intense interest in getting Rick Scott as Senate majority leader. Or maybe there is some oh-so-clever workaround.
Easy for Trump White House to achieve a lot with Republican majorities in Senate and House. Why cook up crazy schemes? Hope grapevine rumor is wrong.

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More from @EdWhelanEPPC

Ed Whelan Profile picture
Sep 19
BREAKING: Federal prosecutor Tina Ansari, who is trying to put whistleblower Dr. Eithan Haim in prison, has been practicing law without a license. License was suspended on September 1. Image
Counsel for Dr. Haim has just filed motion to punish prosecutor Tina Ansari for practicing law without a license. eppc.org/wp-content/upl…
Suspension of Ansari's Texas law license was for failure to pay dues. Suspension triggers all sorts of consequences. Rules of Southern District of Texas, where Ansari is prosecuting Dr. Haim, state that a suspended lawyer "must immediately cease practicing before this court." But Ansari hasn't disclosed suspension and has continued to take part in prosecution.
Read 8 tweets
Ed Whelan Profile picture
Sep 4
Tennessee’s Legitimate Interest in ‘Encouraging Minors to Appreciate Their Sex’
Biden administration argues in Skrmetti case that Tennessee's declared interest in “encouraging minors to appreciate their sex” is “illegitimate” because it supposedly “rests on ‘stereotypic notions’ about gender.”
As usual, Biden administration has things backwards. 1/nationalreview.com/bench-memos/te…
It's transgender ideology that is built on stereotypes about what it means to live as a man or as a woman. When senior DOJ official says "Transgender men are men — they live, work and study as men," it’s impossible to even begin to make sense of that statement without adopting stereotypes of what it means to “live, work and study as men.” 2/
DSM-5 actually incorporates stereotypes into its diagnostic criteria for gender dysphoria in children. E.g.:
“A strong preference for the toys, games, or activities stereotypically used or engaged in by the other gender.”
“In boys (assigned gender), a strong rejection of typically masculine toys, games, and activities and a strong avoidance of rough-and-tumble play; or in girls (assigned gender), a strong rejection of typically feminine toys, games, and activities.”
“A strong preference for cross-gender roles in make-believe play or fantasy play.” 3/
Read 5 tweets
Ed Whelan Profile picture
Aug 29
In this week's Confirmation Tales post, I provide the answers to my trivia questions on baseball and the Supreme Court. If you haven't already tried to answer the questions, do so before peeking at the answers.
confirmationtales.com/p/answers-to-t…
1. 1. Two Justices have played baseball in the National League. Name them.
Answer: David Justice and Evan Justice.
confirmationtales.com/p/answers-to-t…
2. This catcher was admitted to the Supreme Court bar during his major-league career and is the only major-league player ever to be a member of the Supreme Court bar.
Answer: Muddy Ruel (a remarkable fellow).
confirmationtales.com/p/answers-to-t…
Read 5 tweets
Ed Whelan Profile picture
Aug 22
This week in Confirmation Tales, Baseball and the Supreme Court: The trivia questions you've been waiting for. confirmationtales.com/p/baseball-and…
1. Two Justices have played baseball in the major leagues. Name them.
2. This catcher was admitted to the Supreme Court bar during his major-league career and is the only major-league player ever to be a member of the Supreme Court bar. confirmationtales.com/p/baseball-and…
Read 5 tweets
Ed Whelan Profile picture
Aug 15
New in Confirmation Tales, a look back at Left's first big fight against a GWB judicial nominee: "Left's Big Fight Against Nomination of Michael McConnell Fizzles" 1/
confirmationtales.com/p/lefts-big-fi…
By 2001, Michael McConnell had established his reputation as one of America’s most outstanding constitutional scholars. The biggest reason that liberal activist groups opposed his Tenth Circuit nomination is that he was a vigorous and cogent critic of Roe v. Wade. 2/
confirmationtales.com/p/lefts-big-fi…
McConnell’s nomination ended up creating a deep divide between liberal activist groups and liberal academics, lots of whom supported him. The support that McConnell received from Cass Sunstein and Larry Tribe was especially noteworthy, as they were architects of Dem strategy of escalated obstruction. 3/ confirmationtales.com/p/lefts-big-fi…
Read 6 tweets
Ed Whelan Profile picture
Jul 1
Remaining #SCOTUS cases to be decided today:
1. Trump criminal immunity.
2. Pair of NetChoice cases presenting First Amendment challenge to state content-moderation requirements for social media.
3. Corner Post v. Federal Reserve--when does cause of action against agency accrue?
Look for Trump immunity ruling to be issued last, as it is likely written by Chief.
Today's #SCOTUS rulings:
1. Corner Post, Inc. v. Board of Governors: An APA claim does not accrue for purposes of §2401(a)’s 6-year statute of limitations until the plaintiff is injured by final agency action. 6-3, ACB majority. Libs dissent.
supremecourt.gov/opinions/23pdf…
Read 23 tweets

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