'Why Trump’s Threat to Adjourn Congress Is Dubious' diff viewer (1/2)

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Why Trump’s Threat to Adjourn Congress Is Dubious	Why Trump’s Threat to Adjourn Congress Is Dubious
2020-06-07 04:08:20 UTC	2020-06-09 00:08:46 UTC (2 days later)
WASHINGTON — President Trump made another head-turning claim of executive power in the middle of a briefing about the Covid-19 pandemic — threatening on Wednesday to force Congress to adjourn so that he may unilaterally install judicial nominees and other officials who would typically require Senate confirmation.	WASHINGTON — President Trump made another head-turning claim of executive power in the middle of a briefing about the Covid-19 pandemic — threatening on Wednesday to force Congress to adjourn so that he may unilaterally install judicial nominees and other officials who would typically require Senate confirmation.
No president has ever purported to do such a thing. Here is an explanation of the legal issues.	No president has ever purported to do such a thing. Here is an explanation of the legal issues.
He wants to make recess appointments.	He wants to make recess appointments.
The Constitution — written at a time of travel by horse, when Congress could be in recess for lengthy periods with no ability for lawmakers to swiftly reconvene — creates an exception to the general rule that the Senate must confirm certain important officials before a president may appoint them to fill vacancies. When the Senate is in recess, a president may unilaterally appoint such officials to serve in those positions until the end of the next session of Congress.	The Constitution — written at a time of travel by horse, when Congress could be in recess for lengthy periods with no ability for lawmakers to swiftly reconvene — creates an exception to the general rule that the Senate must confirm certain important officials before a president may appoint them to fill vacancies. When the Senate is in recess, a president may unilaterally appoint such officials to serve in those positions until the end of the next session of Congress.
Because even though the Senate is on an indefinite break amid the pandemic, it did not formally adjourn for a lengthy recess. Rather, it has been holding so-called pro forma sessions, in which a member from the Republican majority comes into the all-but-empty chamber every three days to bang the gavel.	Because even though the Senate is on an indefinite break amid the pandemic, it did not formally adjourn for a lengthy recess. Rather, it has been holding so-called pro forma sessions, in which a member from the Republican majority comes into the all-but-empty chamber every three days to bang the gavel.
This maneuver technically divides a long recess into a series of three-day breaks. The Supreme Court has ruled that those are too short for recess appointments.	This maneuver technically divides a long recess into a series of three-day breaks. The Supreme Court has ruled that those are too short for recess appointments.
Only in recent years has it become routine for the Senate to adjourn into three-day pro forma sessions, essentially nullifying the presidency’s constitutional recess appointment power.	Only in recent years has it become routine for the Senate to adjourn into three-day pro forma sessions, essentially nullifying the presidency’s constitutional recess appointment power.
Despite its anachronistic rationale, the Senate had long acquiesced to some presidential recess appointments while it was on lengthy breaks. But after President George W. Bush used the power to make several highly disputed appointments, Senate Democrats in 2007 started using the technique to prevent him from making any more end-runs around the confirmation process. When Barack Obama became president, Senate Republicans did the same thing to him, making the tactic bipartisan.	Despite its anachronistic rationale, the Senate had long acquiesced to some presidential recess appointments while it was on lengthy breaks. But after President George W. Bush used the power to make several highly disputed appointments, Senate Democrats in 2007 started using the technique to prevent him from making any more end-runs around the confirmation process. When Barack Obama became president, Senate Republicans did the same thing to him, making the tactic bipartisan.
Yes, even though presidents hate it.	Yes, even though presidents hate it.
Mr. Trump denounced the tactic on Wednesday. “The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis,” he told reporters. “It is a scam, what they do, it’s a scam and everybody knows it.”	Mr. Trump denounced the tactic on Wednesday. “The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis,” he told reporters. “It is a scam, what they do, it’s a scam and everybody knows it.”
Mr. Obama felt the same way. In 2012, declaring pro forma sessions a sham, he purported to make several recess appointments during a lengthy Senate vacation. That led to a landmark Supreme Court ruling that unanimously rejected his move. The justices agreed that the Senate, not the president, gets to decide whether it is legitimately in session.	Mr. Obama felt the same way. In 2012, declaring pro forma sessions a sham, he purported to make several recess appointments during a lengthy Senate vacation. That led to a landmark Supreme Court ruling that unanimously rejected his move. The justices agreed that the Senate, not the president, gets to decide whether it is legitimately in session.
In theory, it could put the Senate into an official recess that is long enough for recess appointments.	In theory, it could put the Senate into an official recess that is long enough for recess appointments.
The Constitution says that neither the House nor the Senate may adjourn for more than three days without the other’s consent, and if they disagree about the time of adjournment, the president “may adjourn them to such time as he shall think proper.”	The Constitution says that neither the House nor the Senate may adjourn for more than three days without the other’s consent, and if they disagree about the time of adjournment, the president “may adjourn them to such time as he shall think proper.”
This adjournment power is extremely limited because the founding fathers did not want presidents to have the kingly power to stop the work of legislators. One of their complaints in the Declaration of Independence was that Britain’s king “has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.”	This adjournment power is extremely limited because the founding fathers did not want presidents to have the kingly power to stop the work of legislators. One of their complaints in the Declaration of Independence was that Britain’s king “has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.”
But if the Senate does not confirm more of his nominees, Mr. Trump — at times using the royal “we” — threatened to force it to adjourn and then recess-appoint them.	But if the Senate does not confirm more of his nominees, Mr. Trump — at times using the royal “we” — threatened to force it to adjourn and then recess-appoint them.
No, so Mr. Trump would not seem to have this power available to him.	No, so Mr. Trump would not seem to have this power available to him.
After passing the $2 trillion pandemic relief and stimulus package on March 25, and just before its members scattered, the Senate majority leader, Mitch McConnell, Republican of Kentucky, proposed going into three-day pro forma sessions. The Senate approved by unanimous consent.	After passing the $2 trillion pandemic relief and stimulus package on March 25, and just before its members scattered, the Senate majority leader, Mitch McConnell, Republican of Kentucky, proposed going into three-day pro forma sessions. The Senate approved by unanimous consent.
The Senate did not ask the House to adjourn for a longer period, so there has been no opportunity for them to disagree.	The Senate did not ask the House to adjourn for a longer period, so there has been no opportunity for them to disagree.
The move to go into regular pro forma sessions has become routine when the Senate prepares to leave town. That is because under Senate rules, the minority party can indefinitely delay any up-or-down vote on a proposal to adjourn for more than a day, according to congressional aides, so there is no point in seeking a longer adjournment.	The move to go into regular pro forma sessions has become routine when the Senate prepares to leave town. That is because under Senate rules, the minority party can indefinitely delay any up-or-down vote on a proposal to adjourn for more than a day, according to congressional aides, so there is no point in seeking a longer adjournment.
They could, in theory.	They could, in theory.
By a majority vote, Senate Republicans could first change the chamber’s rules to allow proposals to adjourn for lengthy periods to receive up-or-down votes, and then they could force approval for a recess sufficiently long enough for Mr. Trump to make unilateral appointments. Because the Democratic-controlled House would inevitably object, the two chambers would then be in an actual disagreement for Mr. Trump to resolve.	By a majority vote, Senate Republicans could first change the chamber’s rules to allow proposals to adjourn for lengthy periods to receive up-or-down votes, and then they could force approval for a recess sufficiently long enough for Mr. Trump to make unilateral appointments. Because the Democratic-controlled House would inevitably object, the two chambers would then be in an actual disagreement for Mr. Trump to resolve.
“The Senate should either fulfill its duty and vote on my nominees, or formally adjourn so I can make recess appointments,” Mr. Trump said, adding: “If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers of Congress.”	“The Senate should either fulfill its duty and vote on my nominees, or formally adjourn so I can make recess appointments,” Mr. Trump said, adding: “If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers of Congress.”
Updated June 5, 2020	Updated June 5, 2020
	A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.	The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.	Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.	Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.	States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.	Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.	Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)	If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.	Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.	The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.	If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.	If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
No, for two reasons.	No, for two reasons.
First, while the Senate is operating in pro forma sessions, it may only conduct business by unanimous consent, so to change the rules, senators would have to risk traveling back to Washington anyway. Once back, the Republican majority could instead resume confirming Mr. Trump’s highest-priority nominees.	First, while the Senate is operating in pro forma sessions, it may only conduct business by unanimous consent, so to change the rules, senators would have to risk traveling back to Washington anyway. Once back, the Republican majority could instead resume confirming Mr. Trump’s highest-priority nominees.
Second, it is far from clear that Mr. McConnell and other Senate Republicans would want to create a precedent that would effectively gut their own power over confirmations — especially given the possibility that a Democrat, former Vice President Joseph R. Biden Jr., may become president in nine months.	Second, it is far from clear that Mr. McConnell and other Senate Republicans would want to create a precedent that would effectively gut their own power over confirmations — especially given the possibility that a Democrat, former Vice President Joseph R. Biden Jr., may become president in nine months.