It seems safe to say that the foreseeable future, as long as one or both houses of Congress are controlled by a party whose president isn’t in the White House, recess appointments are a thing of the past:
A senior Republican Senate aide says that the House has indicated it will not agree to let the Senate leave for a full recess over Memorial Day in an attempt to block President Obama from making any appointments during the break next week.
Under the U.S Constitution, neither chamber can adjourn for more than three days unless both chambers agree to it.
When Democrats took over Congress in 2007, they held pro forma Senate sessions every three days during breaks to prevent President Bush from making any appointments, some of which lasted mere seconds.
“President Obama has been packing federal agencies with left-wing ideologues, but thankfully he won’t be able to for at least the next week,” Republican Senator Jim DeMint told the Washington Examiner today. “The House will not be sending an adjournment resolution to the Senate, we will remain in pro forma session, and no controversial nominees will be allowed to circumvent the confirmation process during the break.”