How the Senate Adjourns

According to reports, Corey Gardner, R-Colo., is threatening to object to the Senate adjourning when it concludes its business this week. Gardner wants his colleagues to stay in town over the Memorial Day Recess to consider COVID-related legislation.

Adjournment

The Senate ends a legislative day by adjourning. According to the Senate’s precedents, a legislative day is a period that "continues from the beginning of a day's session following an adjournment until another adjournment." The Senate may temporarily suspend its business by recessing. A recess may last less than a calendar day or for several calendar days. A legislative day "is not affected in any way by a recess of the Senate." A legislative day ends only with the Senate’s adjournment.

The Senate may adjourn on motion or by unanimous consent. The Senate may also adjourn for more than three days by passing a concurrent resolution. However, the House of Representatives must approve that resolution before the Senate can adjourn according to it. A concurrent resolution is a resolution passed by the House and Senate but not presented to the president to be signed into law. 

Any senator- not just the majority leader- may move that the Senate adjourn or adjourn to a particular date and time. Any senator may also object to a unanimous consent request for the Senate to adjourn or adjourn to a particular date and time.

Motions to Adjourn

According to Riddick’s Senate Procedure, “a motion to adjourn takes precedence over all other motions” under Rule XXII of the Standing Rules of the Senate. A motion to adjourn to a particular date and time takes precedence over all motions except a simple motion to adjourn.

Motions to adjourn are not debatable. Senators cannot filibuster them. A simple motion to adjourn is not amendable. However, senators may amend motions to adjourn to a particular date and time to change the day and/or time when the Senate reconvenes. 

Senators may make a motion to adjourn at any point when the Senate is in session except while the clerk is reading the Journal, during a roll-call vote or quorum call, or when a previous unanimous consent agreement prohibits such a motion. Senate Rule VI stipulates that the only business in order in the absence of a quorum is a motion to adjourn (or a motion to recess according to a previous unanimous consent agreement). 

The Senate’s Presiding Officer must recognize a senator before he or she can offer a motion to adjourn. Upon recognition, a senator states, “Mr. [Madam] President: I move that the Senate adjourn.”

The Presiding Officer then responds, “The senator from […] (Mr. or Ms. […]) moves that the Senate adjourn.”

Without any intervening debate or amendment (unless the senator moved that the Senate adjourn to a particular date and time, in which case an amendment would be in order), the Presiding Officer then states, “As many as are in favor of the motion will say “aye”…those opposed will say “no.” 

The Senate adjourns by voice vote unless senators request a recorded vote. If a simple majority of senators present and voting (typically 51) votes to adjourn, the Presiding Officer then states, "Without objection, the motion is agreed to." 

Unanimous Consent

Today, senators rarely vote to adjourn. Instead, they ask unanimous consent that the Senate adjourn or adjourn to a particular date and time. A unanimous consent request propounded on the Senate floor by Majority Leader Mitch McConnell, R-Ky., on May 20 is illustrative of the common practice.

“If there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order following the remarks of…”

Any senator may object to a unanimous consent request to adjourn. Upon objection, the Senate may adjourn only on motion or according to a subsequent unanimous consent request.

Implications

Under the Senate’s rules and practices, Gardner may object to a unanimous consent request that the Senate adjourn. And Gardner can force his colleagues to cast a recorded vote on the question of leaving town for the Memorial Day Recess with the help of a sufficient number of other senators (i.e., 11 to 19 other senators).