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The Senate announces that it will hold pro forma sessions every three days and may conduct business by unanimous consent. During that period, the President appoints a new agency commissioner without Senate confirmation, calling it a recess appointment.
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Recess appointments last for life. The President may make recess appointments during any break in Senate proceedings, no matter how brief. The Recess Appointments Clause applies only to judges. The Recess Appointments Clause permits temporary appointments during qualifying Senate recesses, but the Senate can prevent a recess by holding pro forma sessions when it retains capacity to conduct business.

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