Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 10, 2021
The Firm
201-896-4100 info@sh-law.comEvery August, Congress adjourns for a month-long recess. While the recess was initially required to deal with Washington, D.C.’s oppressive summer temperatures, it is now more of a scheduled summer vacation, providing an opportunity for lawmakers to return home, spend time with their families, and reconnect with their constituency.
From 1789 until the 1930s, Congress convened in December and remained in session for five or six months. After June, Congress adjourned indefinitely. When the Senate moved to its current chamber in 1859, senators were hopeful that the “modern” ventilation system would allow them to work comfortably in the warmer weather. However, it wasn’t until the mid-20th century that a truly modern air conditioning system brought relief on the hottest summer days.
Advances in technology and a growing workload gradually resulted in increasingly longer sessions. By the early 1960s, lawmakers often remained in Washington well into the fall. In 1962, the Senate met from January to October with no recess. In 1963, it convened in January and adjourned in December, prompting Majority Leader Mike Mansfield to remark that he no longer recognized his wife during daylight hours. The marathon sessions also prompted Sen. Gale McGee to lobby for an August recess.
While it took time to convince enough of his Senate colleagues to get on board, Sen. Gale was ultimately successful. In 1969, Senate recessed from August 13 to September 3. The break became “official” in 1971 when it was memorialized in the Legislative Reorganization Act of 1970. Under the law, “unless otherwise provided by the Congress, the two Houses shall adjourn sine die not later than July 31 of each year,” or in an odd-numbered year, “by concurrent resolution adopted in each House by roll call vote, for the adjournment of the two Houses from that Friday in August which occurs at least thirty days before the first Monday in September (Labor Day) of such year to the second day after Labor Day.”
While the August recess is penciled into Congress’ legislative calendar every year, it doesn’t always work out as planned. Both houses of Congress have delayed the recess, or returned mid-recess, in order to pass important legislation. In 1994, the Senate stayed in session into August to debate President Bill Clinton’s proposed health care reforms. In 2005, Congress returned to Washington during the August recess to finalize legislation providing Hurricane Katrina relief.
In 2018, then-Senate Majority Leader Mitch McConnell (R-Ky.) cancelled much of the scheduled August recess. While Sen. McConnell maintained that the decision was based on the need for Congress to “catch up” on legislative matters, such as vetting President Donald Trump’s judicial nominees, the practical result was keeping Democrats off the campaign trail just months before a pivotal November election.
Most recently, Sen. Chuck Schumer, who controls the Senate’s legislative calendar as Senate Majority Leader, warned that the debate over the proposed $550 billion bipartisan infrastructure plan may force lawmakers to cancel their summer vacation plans. While Sen. Schumer’s timetable for finalizing the massive bill may be accurate, it is also likely a negotiation tactic aimed towards getting the bill finished and limiting amendment consideration.
As many members of Congress will acknowledge, they value their summer break and will be anxious to leave Washington sooner rather than later. “Getting home is always a good motivator,” Sen. Shelley Moore Capito (R-W.Va.), told Politico. “People are going to get irritated and sick of each other.” How much of their annual summer break will be cancelled remains to be seen.
If you have any questions or if you would like to discuss the matter further, please contact me, Teddy Eynon, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!