immediately rescind his unconstitutional appointees.

The U.S. Constitution stipulates that the House and Senate cannot adjourn for longer than three days without the consent of the other body – agreed to by a concurrent adjournment resolution. Neither chamber has passed an adjournment resolution, and instead have both been holding pro-forma sessions every three days. The House and Democratic-controlled Senate were in session yesterday, and will be again on Friday. In line with decades of congressional practices, the Department of Justice has found that Congress must be in recess more than three days before a President can make an intra-session recess appointment.