A legal question regarding something fishy Congress did yesterday ...

[Tx4obama]

Okay so we all know that The House has been refusing to agree to adjournment so The Senate has been having to hold pro-forma session every three days.

But LOOK at this:

-snip-

When the Senate adjourns for more than 30 days, all nominations are returned to the White House unless all Senators agree in a resolution to hold them. While all of Obama's other judicial nominations were held by the Senate on Aug. 2 before the summer recess, at least one Republican senator refused to agree to keep Halligan's nomination active.

At first, Halligan's nomination was poised to survive the recess despite the Senate opposition. The House at first voted against the Senate adjournment resolution, so the Senate was not technically in a recess.

But on Tuesday, the House passed the resolution as part of a session lasting less than five minutes.

-snip-

http://legaltimes.typepad.com/blt/2012/08/senate-gop-ends-dc-circuit-nominees-bid-a-second-time.html

So, is The Senate now officially in recess?
If it is then that means that President Obama can make recess appointments!
Can this really be true?

Anyone know?

[Igel]

1. THOMAS shows that the resolution failed the House.

The article sounds like kasha. With cream. Not that it matters. Obama already rendered his verdict on how he considers the pro forma sessions. What was golden when he was in the Senate is now become dross.

There was a concurrent resolution passed by the Senate and the House. It was related to HR 1905. Unrelated to adjournment.

It sounds like it went down like this:

Senate wanted to adjourn. That means it has to vote to hold the nominations. But Harrigan's was objected to. So it voted, but didn't include Harrigan's. Then the Senate later voted to adjourn, in a concurrent resolution.

House voted on the concurrent resolution to adjourn and it failed. A motion to reconsider was tabled.

Copied from THOMAS:
8/2/2012:
Submitted in the Senate, considered, and agreed to without amendment by Unanimous Consent. (consideration: CR S5940; text as passed Senate: CR S5940; of measure as introduced: CR S5994)
8/2/2012 5:00pm:
Received in the House.
8/2/2012 5:09pm:
Considered as privileged matter. (consideration: CR H5685-5686; text of measure as introduced: CR H5685)
8/2/2012:
Message on Senate action sent to the House.
8/2/2012 5:26pm:
On agreeing to the resolution Failed by recorded vote: 150 - 265 (Roll no. 556).
8/2/2012 5:26pm:
Motion to reconsider laid on the table Agreed to without objection.

[Tx4obama]

2. The House passed the resolution on Tuesday August 7th

See the bolded text in the OP.

[Tx4obama]

3. Here it is. It is S.Con.Res. 59

Shows it passed on August 7, 2012 - here: http://www.govtrack.us/congress/bills/112/sconres59

And the text of the resolution is here: http://www.govtrack.us/congress/bills/112/sconres59/text