As Congress utilizes brief pro forma sessions to remain technically in session, a housing overhaul and a farmer disaster relief bill have quietly became law without President Donald Trump's signature under the 10-day rule. Experts view the unsigned enactments as a power play by Trump to deny congressional Republicans public victories. This legislative tension unfolds as the GOP faces highly competitive midterm races, with polls showing deep voter anxiety over the cost of living.
Enactment of bills without presidential signature
- ▪A housing overhaul bill and a farmer disaster relief bill from July 2026 were enacted under the U.S. Constitution's 10-day rule, which allows bills to become law after 10 days excluding Sundays if unsigned and Congress is in session
- ▪Only nine legislative measures have become law without a presidential signature under the 10-day rule in the past half-century, including the two bills enacted under President Donald Trump in 2026.
- ▪The last measure enacted under the U.S. Constitution's 10-day rule prior to 2026 occurred during the Obama administration, when President Barack Obama allowed an Iran sanctions renewal bill to become law unsigned
- ▪A housing overhaul bill and a disaster relief payment expansion for farmers became law in July 2026 without the signature of President Donald Trump
Trump's refusal to sign the housing bill
- ▪President Donald Trump refused to sign the July 2026 housing overhaul bill out of frustration that the Senate had not passed an election security bill requiring voters to prove citizenship
- ▪University of Virginia assistant professor SoRelle Wyckoff Gaynor stated that President Donald Trump uses unsigned bill enactments to deny fellow Republican lawmakers the positive optics of a public signing ceremony.
- ▪President Donald Trump canceled the scheduled signing ceremony for the July 2026 housing bill hours before it was set to occur, surprising congressional Republicans.
Purpose and history of pro forma sessions
- ▪Pro forma sessions prevent the president from making recess appointments to fill federal vacancies that require Senate confirmation.
- ▪The strategy of using pro forma sessions to block recess appointments gained popularity in 2007 under Senate Majority Leader Harry Reid and expanded under Republican leadership in 2011.
- ▪In 2014, the Supreme Court ruled that several recess appointments made by President Barack Obama to the National Labor Relations Board were unconstitutional because the Senate was not in recess.
- ▪Congress holds brief pro forma sessions to remain technically in session, preventing the president from utilizing pocket vetoes to kill legislation during adjournments.
Economic messaging and cost of living
- ▪National Economic Council Director Kevin Hassett argued on October 4, 2026, that partisan pollsters are incorrect about voter financial distress, blaming high grocery prices on former President Joe Biden.
- ▪Republican Senator John Kennedy of Louisiana warned that the cost of living is the primary election issue, stating that politicians must tell Americans the truth about their financial struggles.
Debate over Trump's proposed voter payouts
- ▪Arizona Senator Mark Kelly dismissed President Donald Trump's promised financial payouts to voters as an attempt to buy votes, stating that citizens cannot afford their lives.
- ▪President Donald Trump announced a $90 payment to approximately 20 million Medicare Part B seniors and previously promised a $5,000 payout to every American adult if Republicans win the midterms.
Polling on the 2026 midterm elections
- ▪New York Times/Siena polls published on October 3, 2026, showed Democratic candidates leading in Republican-held Senate races in Alaska and Texas, with tight contests in Ohio, Kansas, and Iowa.
- ▪A CBS News poll released on the weekend of October 3-4, 2026, found that 70% of voters believed President Donald Trump's policies were driving prices up.
- ▪An NBC/Telemundo poll released on October 4, 2026, indicated that Latino voters preferred Democratic control of Congress by a 24-point margin, with only 27% approving of President Donald Trump's performance.
Debatable claims
- ▪President Trump's promised financial payouts to voters are an unacceptable campaign tactic
- ▪President Trump's refusal to sign bills he supports is an inappropriate use of leverage
- ▪Pro forma sessions are a justified check on presidential recess appointments
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