On average, it has taken less than five days for a president to make a nomination to fin a Court vacancy that opened during the interregnum.(31) In short, presidents do seem to want to leave a clean desk for their successor.
Perhaps the president wishes to culminate a series of achievements in a particular policy area with interregnum activity.
In addition to all the normal reasons for conflict between branches, the interregnum poses its own problems.
Looking beyond just the focal areas identified reveals that only four out of eleven Supreme Court nominations made during a party-change interregnum obtained a simple majority for approval.(33) The problem is compounded when extraordinary majorities are needed such as the two-thirds required for a treaty.
The classic example of maneuvering belongs to John Tyler, whose Texas policy merits him an improbable award for most effective interregnum president.
Ratified in 1933, it established that "the terms of the President and Vice President shall end at noon on the 20th day of January." Although the 20th Amendment shortened the interregnum, it appears to have increased incidentally the power of the departing president while in office.
Since the 20th Amendment, it is typical for Congress to be adjourned for the entire interregnum with the exception of January 3 to 20.
Therefore, formal legislation is typically denied to modem, interregnum presidents.