[Political Junkie Too]

The Obama administration lost a key Supreme Court ruling on its ridiculous NLRB recess rulings, and that would surely come into play here.

Unfortunately, this upcoming recess is "THE" recess as cited in the Constitution. That is, it is the recess between Congresses.

With the NLRB recess, that was simply a break between adjournments where the House and Senate did not agree to recess for more than three days, keeping pro forma sessions going. This time, the Congress actually ends and a new Congress is formed, so there cannot be a continuing pro forma session to avoid the recess.

-PJ

[Alberta's Child]

The Court’s opinion in the NLRB ruling was that only the Senate can legally determine when it is in recess. That gives McConnelll a lot of latitude here.