It looks like we're soon going to be living in a brave new world of more limited recess appointments.
This morning in oral arguments on the scope of the recess appointment power, the Supreme Court justices expressed deep skepticism about its use during pro forma recesses. Less clear was where the justices might come down on whether annual intra-session recesses count as a recess or on whether the vacancy must come open during the recess for the recess appointment to be valid. Those last two restrictions are where the appeals court really pushed the envelope in the case before the Supreme Court.
Sahil Kapur was there.