In response to President-elect Donald Trump’s expressed intent to utilize recess appointments to bypass Senate confirmation for his cabinet and other key nominees, Congress has employed strategic procedural maneuvers to block such actions. The U.S. Constitution’s Recess Appointments Clause allows the president to temporarily fill vacancies when the Senate is in recess for at least 10 days, a practice Trump has advocated for to expedite his administration’s staffing. However, since the Supreme Court’s 2014 NLRB v. Noel Canning decision, which ruled that recesses shorter than 10 days are insufficient for such appointments, Congress has relied on “pro forma” sessions to prevent recesses long enough to trigger this authority. These brief, perfunctory meetings, often lasting only a minute, ensure the Senate remains technically in session, effectively blocking Trump from making recess appointments. For instance, during the August 2025 recess, both the House and Senate have planned to convene and adjourn every few days to maintain this barrier, as noted by posts on X and various reports.

The motivation behind Congress’s strategy stems from a desire to preserve the Senate’s constitutional “advice and consent” role, which serves as a critical check on presidential power. Senate Majority Leader John Thune and House Speaker Mike Johnson, despite being Republicans, have faced accusations from some, like Rep. Thomas Massie, of orchestrating these pro forma sessions to thwart Trump’s plans, reflecting intra-party tensions. Democrats, leveraging historical precedent, support this tactic, recalling its use against Presidents Bush and Obama to prevent unilateral appointments. The maneuver requires unanimous consent to schedule pro forma sessions, and even a single senator’s objection could disrupt this plan, though such dissent is rare. This approach not only limits Trump’s ability to install controversial nominees, like Matt Gaetz or Robert F. Kennedy Jr., without Senate scrutiny but also underscores the ongoing power struggle between the legislative and executive branches.

However, Trump could theoretically counter Congress’s strategy by invoking his Article II, Section 3 authority to adjourn Congress if the House and Senate disagree on adjournment timing, a power never used in U.S. history and likely to spark legal challenges. Constitutional scholars, such as Matt Glassman, argue that such a move would be unprecedented and could face judicial resistance, particularly if perceived as the president and House colluding to bypass the Senate. Additionally, with Republicans holding a slim House majority, securing agreement for a recess resolution could be challenging, as even a few dissenting GOP members could derail it. While Thune has kept recess appointments as an option if Democrats obstruct confirmations, the broader congressional strategy of maintaining pro forma sessions reflects a commitment to upholding Senate oversight, potentially at the cost of escalating constitutional tensions.