Republican senators are facing criticism from conservative activists for presiding over "pro forma" sessions during the chamber’s five-week summer recess. These sessions, which often last only a few minutes, involve a single senator gavelling the chamber in and out of session while it is otherwise empty. Critics on social media have accused participating lawmakers, including Sen. Jim Justice (R-WV), of using the procedure to prevent President Donald Trump from making recess appointments.
Pro forma sessions are a long-standing tool used by the Senate to satisfy the constitutional requirement to meet every three days during an extended break. By remaining technically in session, the Senate prevents the president from using constitutional authority to appoint Cabinet members or other officials without a formal confirmation vote. A 2014 Supreme Court ruling established that the Senate must be in recess for at least 10 days before a president can exercise this power.
Senators who have presided over recent sessions include Justice, Sen. John Boozman (R-AR), and Sen. Jim Banks (R-IN). Sen. Banks defended the practice as a "constitutional duty," noting that because the House of Representatives did not approve a resolution to allow for a formal recess, the Senate is legally required to meet. Some Republican lawmakers have reportedly expressed a desire to be removed from the presiding rotation to avoid negative feedback from online activists.
The scale of the current confirmation process is significant: Senate Republicans have confirmed more civilian nominees for President Trump’s second term than at this same point in his first term. According to Majority Leader John Thune (R-SD), the chamber confirmed nearly all civilian nominees who had been cleared by committees before the recess began. This indicates that while the pro forma sessions prevent unilateral appointments, the traditional confirmation process has moved faster than in years past.
The precedent for this conflict dates back to the Obama administration, when the Supreme Court ruled unanimously in 2014 that 32 recess appointments made during a three-day break were unconstitutional. President Trump has previously called for the Senate to formally adjourn to allow for such appointments, a move that would be without modern precedent and would likely result in legal challenges. For now, the Senate is scheduled to continue these sessions every few days until the end of the summer recess, at which point the chamber will return to its regular legislative calendar.