Thread by @imillhiser, So it's not entirely clear to me that Trump can adjourn the [...]

Ian Millhiser

imillhiser

So it& #39;s not entirely clear to me that Trump can adjourn the Senate. And Democrats may be able to block him. Let me explain why. /1

The Constitution provides that "in Case of Disagreement between [the houses of Congress], with Respect to the Time of Adjournment, [the president] may adjourn them." So Trump can only adjourn Congress if the two houses DISAGREE about when to adjourn. /2

So here& #39;s my proposed solution:

The House passes a resolution agreeing to adjourn "at whatever time the Senate deems proper."

Then Senate Democrats filibuster any motion to adjourn for any reason. /3

In this scenario, the two houses would be in formal agreement not to adjourn. And they would also be in formal agreement that they will adjourn whenever the Senate chooses to do so. So the president& #39;s adjournment power would not be triggered. /4

I can think of two problems with this plan. One is if McConnell can point to a Senate rule preventing Dems from filibustering a motion to adjourn. The other is if McConnell invokes the nuclear option to change the Senate& #39;s rules. But it& #39;s not clear that he& #39;d want to do that. /5

Outside of the context of SCOTUS confirmations, McConnell has resisted efforts to claw back the filibuster.

Over the long haul, the filibuster benefits Republicans. And it& #39;s not in the GOP& #39;s interest to further erode the filibuster shortly before Dems may win the Senate /6

So, anyway, I& #39;d need to dig deeper into the Senate Rules to know for sure if this would work. But my immediate sense is that there is probably a way to prevent a disagreement between the Houses of Congress that would trigger Trump& #39;s adjournment power. /fin

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