Congressional Republicans aren’t ready to cede power to President Donald Trump to swiftly install nominees during recesses and bypass Senate confirmation, despite Democratic roadblocks and pressure from Trump himself.
Sen. Mike Rounds (R-SD) and Rep. Mike Haridopolos (R-FL) both defended the pro forma sessions they presided over Tuesday in their respective chambers, brief procedural maneuvers that Congress relies upon during extended breaks to prevent the president from making recess appointments.
While pro formas are routine every three or four days during periods of recess, Tuesday’s sessions — each lasting less than two minutes — marked the first after a prolonged political fight in the Senate this summer over whether there should even be an August recess with more than 140 pending nominees awaiting confirmation.
“The reality is the Senate still has a responsibility and a role to play in appointments,” Rounds told the Washington Examiner. “It will require cooperation on the part of Republicans and Democrats to get behind what is really a crisis right now with the number of appointments that we’ve got.”
Haridopolos, citing conversations with the White House, suggested Trump and aides were “still debating the idea, if it’s something that they’re open to doing.” Trump has repeatedly floated recess appointments in public if GOP leaders can’t overcome Democratic delay tactics.
“I’m in full support of the president if he chooses to go that route,” Haridopolos told the Washington Examiner. “I think what he’s attempting to do is go the conventional route, and if there’s no way forward, I think this is one of the options they have.”
Allowing Trump to make recess appointments would require acts of both chambers to agree to adjourn for at least 10 days. However, even with what Republicans deride as “unprecedented” obstruction from Senate Democrats, most GOP senators remain opposed to relinquishing their “advice and consent” role of confirming more than 1,200 positions across the federal government.
Leadership typically cycles through members for each pro forma to avoid the same lawmakers being stuck in an otherwise empty U.S. Capitol, often far away from home. Some lawmakers from around the country have homes in the region and reside there most of the year, making them more suitable for presiding over pro forma sessions. Haridopolos said he was requested by Speaker Mike Johnson (R-LA) because he was scheduled to be in town for an unspecified event. Rounds did not elaborate on how he was chosen.
The Senate embarked on August recess over the weekend after negotiations between Majority Leader John Thune (R-SD), Trump, and Minority Leader Chuck Schumer (D-NY) collapsed to fast-track a couple of dozen presidential nominees in exchange for federal funding withheld by the White House that Democrats demanded. Both sides claimed victory, with Trump saying Republicans rebuffed Democrats’ “political extortion” and Schumer saying his party stood strong against “historically unqualified” nominees.
Rounds argued Democrats only delayed the inevitable with Republicans eventually confirming nominees “that we’re going to get anyway.” He suggested that upon the Senate’s full return in September, Republicans may change procedural rules using a simple majority to speed up confirmations. In the long term, he floated an opportunity to work with Democrats and change the number of positions requiring federal law confirmation.
“I think there’s going to be rule changes,” Rounds later told reporters. “Whether they come by on a hard majority-only vote or whether we can find some consensus is yet to be determined.”
SCHUMER MOCKS TRUMP AFTER SENATORS HEAD HOME WITH NO DEAL ON NOMINEES
Rounds and other Republicans have floated several rule changes, including eliminating one of several procedural votes nominees face, limiting the amount of debate time before a final vote, and confirming tranches of nominees en bloc. He suggested lawmakers axe the number of roles that require confirmation by 300 to 400.
“I’d rather start seeing if we can’t come up with a bipartisan approach to this,” Rounds said. “The founding fathers wanted us to do these things in a consensus basis. I hate to give that up.”