Originally Posted by Direckshun
Apparently, the 11th, 2nd, and 9th circuit have all addressed this issue before and found that the POTUS can in fact make recess appointments in the middle of a Senate recess.
I will keep digging, to see if I can locate their stated reasoning.
As of now, the DC circuit is firmly in the minority.
And yet again... those decisions require the Senate to actually BE IN RECESS. The President doesn't get to just say "nope I don't think you are really in session, I think it's a sham, so I will move forward." It's against the law. Period. Please find a precedent for the President getting to determine when the Senate is in session and when it is in recess. Now, the recent decision takes it two steps further and I wouldn't be surprised to see the Supreme Court ratchet it back slightly... but either way, Obama was dead wrong and his appointments won't stand.