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Ed Whelan Profile picture
@EdWhelanEPPC
Nov 13, 2024 • 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
Jan 17
In a gross act of constitutional defiance, Biden is about to announce that he regards the ERA as having been lawfully ratified.
Never mind that his own Department of Justice, Ruth Bader Ginsburg, and just about everyone else has recognized otherwise.
Biden is citing Virginia's purported ratification of ERA on January 27, 2020--a year before he became president. Why has he waited until now to make his declaration? Because he knows that it's outrageously wrong.
Read 8 tweets
Ed Whelan Profile picture
Jan 15
Supreme Court hears oral argument today in Free Speech Coalition v. Paxton. Issue is whether age-verification law for pornography websites violates First Amendment. As WSJ explains in house editorial today, Court should rule that law is permissible. 1/
I hope to cover today's oral argument (which starts at 10 a.m.) in tweet thread. Here's a piece by my @EPPCdc colleague @ClareMorellEPPC that outlines issues. 2/claremorell.substack.com/p/what-to-expe…
@EPPCdc @ClareMorellEPPC In this @firstthingsmag essay, @ClareMorellEPPC and @WBLittlejohn explain how parents are "losing the arms race against Big Tech and Big Porn."
3/firstthings.com/article/2025/0…
Read 50 tweets
Ed Whelan Profile picture
Dec 12, 2024
In my new Confirmation Tales post, I explore the history of recess appointments of federal judges. I found the results of my research more interesting than I expected, and I hope you will too. 1/
2/confirmationtales.com/p/recess-appoi…
Did you know that some 300 federal judges, including a dozen or so Supreme Court justices (the precise number is contested), have been recess-appointed? Are you curious to learn who was the only recess-appointed justice not to be subsequently confirmed? (Hint: He was a chief justice.) Did you know that Earl Warren delayed the conference vote on Brown v. Board of Education for three months until he had shed his status as a recess appointee? 3/
Read 5 tweets
Ed Whelan Profile picture
Dec 4, 2024
I'll do a thread on oral argument today in U.S. v. Skrmetti. Begins at 10 a.m. ET, will probably run past noon.
BTW, when Chief invites Chase Strangio to present oral argument, he will surely refer to Strangio as "Mr." No one on either side should make big deal of this, as Court practice allows advocates to select honorific.
Starting very soon: Thread on oral argument in Skrmetti
Read 46 tweets
Ed Whelan Profile picture
Nov 25, 2024
From today's ruling by Missouri court in Noe v. Parson: "The evidence at trial showed severe disagreement as to whether adolescent gender dysphoria drug and surgical treatment was ethical at all...."
More from today's ruling by Missouri court in Noe v. Parson: "the credible evidence shows that a vast majority of children who are diagnosed with gender dysphoria outgrow the condition."
Here's the ruling. courts.mo.gov/fv/c/JUDGMENT.…
Read 4 tweets
Ed Whelan Profile picture
Sep 19, 2024
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

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