Boehner Blocks Recess Appointments

House Speaker John Boehner (R-Ohio) is tightening his grip on his gavel and has forced the Senate to hold a pro forma session next week instead of agreeing to a formal recess.

Prompted by a letter from 20 Senate conservatives, the bold move by the House Speaker is aimed at preventing President Obama from making recess appointments, keeping appointees like Elizabeth Warren and others in limbo.

The Constitution states that no chamber can adjourn for a period of more than three days without the other’s consent, giving Boehner the authority to keep Obama from  making recess appointments.

Although the Constitution does not designate a specific amount of time the president must wait to make a recess appointment, but traditionally, the president shies away from making appointments in a break lasting less than four days. In doing so, the president would avoid the perception that he’s undermining the Senate confirmation process.

Additionally, the Justice Department has previously weighed in on the issue saying that a recess must be longer than three days for the president to make recess appointments. It’s not likely Democrats will attempt to test their limits, giving the Speaker the ability to block recess appointments at will.