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· 1/6/2012

Recess Appointments Amid Pro Forma Senate Sessions

Syllabus

A twenty-day Senate recess may give rise to presidential authority to make recess appointments. Congress's provision for pro forma sessions during that twenty-day period does not have the legal effect of interrupting the recess for purposes of the Recess Appointments Clause. In this context, the President has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and may exercise his power to make recess appointments.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.