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so. this seems bad.

Holy cow, of course Josh Chafetz has an entire law review piece on whether Members of the House have the right to resign their seats. scholarship.law.duke.edu/cgi/viewconten…

(This was my job-talk paper, in fact, and I got a *ton* of pushback about why I would write about a topic with basically no practical significance.)

Looks like I'm gonna be on Chris Hayes's show tonight at around 8:20 talking about all things recess appointment-y ...

In January West Virginia will have 4 different governors in 10 days! On Jan 3 Gov Jim Justice (R) will leave office to be worn in as a US Senator. Current LG/Senate President Craig Blair (R), who lost re-election, will be governor from Jan 3-8. The winner of GOP caucus race

Not deleting this account, but I think I'll mostly be over at Bluesky from now on. The vibe over there has trended close enough to ~ 2015 Twitter that it seems a better fit. Come find me over there (same handle)!

If the Senate determined that it was not midnight, it was the business of the Senate, and not of the presiding officer.

Akhil Amar, Tom Schmidt, and I have a piece in the Atlantic on why Trump + the GOP House cannot adjourn the Senate against its will in order to give Trump recess appointments. (Gift link) theatlantic.com/politics/archi…

The House "cannot collude with the president to deprive the Senate of its constitutional power to advise and consent on appointments. That would make a mockery of the Constitution’s text," Akhil Reed Amar, Josh Chafetz, and Thomas P. Schmidt write: theatlantic.com/politics/archi…

The House "cannot collude with the president to deprive the Senate of its constitutional power to advise and consent on appointments. That would make a mockery of the Constitution’s text," Akhil Reed Amar, Josh Chafetz, and Thomas P. Schmidt write: theatlantic.com/politics/archi…