Senate Majority Leader John Thune (R‑SD) has unveiled a procedural scheme to block President Donald Trump from making any critical appointments during the August recess — effectively aiding the Democrats’ obstructionist agenda.
Under the U.S. Constitution, the president can make “recess appointments,” temporary appointments to federal positions, if the Senate is in recess and not conducting business. These appointments don’t require immediate Senate confirmation and can last until the end of the next session of Congress.
But there’s a loophole: if the Senate holds pro forma sessions, very short, symbolic meetings where no actual business is conducted, then technically, the Senate is still in session. That means the president cannot legally make recess appointments during that time.
John Thune has quietly secured unanimous‑consent for a paper‑thin Senate schedule through the Trump appointee confirmation deadline, ensuring only pro forma sessions on five key dates in early August.
Under the agreement, the chamber will adjourn after today’s business and reconvene without conducting any votes or business on:
- Tue, Aug 5 – 1:00 p.m.
- Fri, Aug 8 – 1:05 p.m.
- Tue, Aug 12 – 8:00 a.m.
- Fri, Aug 15 – 10:15 a.m.
- Tue, Aug 19 – 10:00 a.m.
- Fri, Aug 22 – 9:00 a.m.
- Tue, Aug 26 – 12:00 p.m.
- Fri, Aug 29 – 7:00 a.m.
WATCH:
BREAKING: John Thune just announced he will be BLOCKING President Trump from making appointments after he recesses the Senate tonight, via pro-forma sessions
WHAT A LOSER.
MCCONNELL 2.0! pic.twitter.com/6OY8D3gmjz
— Nick Sortor (@nicksortor) August 2, 2025
Thune’s pro forma blueprint comes amid mounting pressure from Donald Trump, who has demanded the Senate remain open until all 150+ administration nominees are confirmed.
Under the Recess Appointments Clause, a president may only install nominees without Senate approval if both chambers are in formal recess for at least 10 days. By convening the Senate just long enough every few days, Thune blocks the possibility of Trump making unilateral appointees.
The Senate went into its August recess without confirming all of Trump’s pending judicial and district‑level appointments.
By the time lawmakers left town on Saturday evening, no deal had been reached to move dozens of Trump’s nominees—including U.S. district court picks—through final floor votes.
Only a small handful of nominees (such as Jeanine Pirro to be U.S. Attorney in D.C.) had advanced. Otherwise, nominees remained stalled in committees or waiting for cloture roll‑calls on the executive calendar.
Roughly 150–160 executive and judicial nominations—including over a dozen district court judge and U.S. attorney nominations—remained scheduled but unconfirmed.
