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| Why Trump’s Threat to Adjourn Congress Is Dubious | Why Trump’s Threat to Adjourn Congress Is Dubious |
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| 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. |
| Updated June 24, 2020 | |
| Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. | |
| A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
| The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| 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. |
| 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. | 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. |
| 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.) |
| 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. |
| “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.” |
| 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. |
| A spokesman for Mr. McConnell issued a statement saying the majority leader had spoken to the president and shared his frustration. But the statement notably did not express endorsement with the idea of engineering a presidential adjournment of the Senate and invoked the necessity of agreement by the Senate’s top Democrat, Senator Chuck Schumer of New York. | A spokesman for Mr. McConnell issued a statement saying the majority leader had spoken to the president and shared his frustration. But the statement notably did not express endorsement with the idea of engineering a presidential adjournment of the Senate and invoked the necessity of agreement by the Senate’s top Democrat, Senator Chuck Schumer of New York. |
| “The leader pledged to find ways to confirm nominees considered mission-critical to the Covid-19 pandemic, but under Senate rules, that will take consent from Leader Schumer,” the statement said. | “The leader pledged to find ways to confirm nominees considered mission-critical to the Covid-19 pandemic, but under Senate rules, that will take consent from Leader Schumer,” the statement said. |
| It does not appear so. Democrats expressed puzzlement at the insinuation they had held up nominees for public health positions. Mr. Trump mentioned his desire that the Senate confirm pending nominees for director of national intelligence, the Federal Reserve board of governors, an assistant Treasury secretary, an under secretary of agriculture “responsible for administering food security programs” and the head of the Broadcasting Board of Governors. | It does not appear so. Democrats expressed puzzlement at the insinuation they had held up nominees for public health positions. Mr. Trump mentioned his desire that the Senate confirm pending nominees for director of national intelligence, the Federal Reserve board of governors, an assistant Treasury secretary, an under secretary of agriculture “responsible for administering food security programs” and the head of the Broadcasting Board of Governors. |
| No. Despite Mr. Trump’s expression of outrage at the amount of time the Senate takes to debate whether to confirm each of his judicial nominees, because of recent rules changes under both parties, the chamber has far more quickly and frequently confirmed his nominees than judges appointed by his recent predecessors. | No. Despite Mr. Trump’s expression of outrage at the amount of time the Senate takes to debate whether to confirm each of his judicial nominees, because of recent rules changes under both parties, the chamber has far more quickly and frequently confirmed his nominees than judges appointed by his recent predecessors. |
| In three years and three months in office, Mr. Trump has already appointed 51 judges on the regional courts of appeal. By comparison, Mr. Obama, Mr. Bush and Presidents Bill Clinton, George Bush and Ronald Reagan appointed an average of fewer than 32 such judges per each four-year term. | In three years and three months in office, Mr. Trump has already appointed 51 judges on the regional courts of appeal. By comparison, Mr. Obama, Mr. Bush and Presidents Bill Clinton, George Bush and Ronald Reagan appointed an average of fewer than 32 such judges per each four-year term. |