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In reply to the discussion: Senate suddenly passes the Epstein bill just hours after it cleared the House [View all]onenote
(45,863 posts)The case law regarding "pocket vetoes" is somewhat murky. Among other things, whether it only applies when Congress adjourns sine die or applies during any recess, even one of just a few days so long as it covers the tenth day has not been definitively resolved. Moreover, the standard practice for some time has been for Congress, when it goes on recess, to designate someone to receive a veto message from the president, the argument being that by doing so, it means the basis for the pocket veto procedure - the unavailability of Congress to receive the message -- wouldn't apply. It has been 18 years since the last attempt to pocket veto a bill that passed with a veto-proof margin.
In any event, the constitution refers to "adjournment" and and an adjournment is different from a "recess". The procedure for adjourning the House varies depending on the length of the adjournment. For example, adjournments of three days or less are taken pursuant to motion (or by unanimous consent) ; (2) adjournments of more than three days, which require the consent of the Senate, and adjournments sine die,
which end each session of a Congress and which require the consent of both Houses. Adjournments of more than three days or sine die are
taken pursuant to concurrent resolutions.