"You're making an assumption, which is that the Senate has to take a recess. But the Senate could choose, if it wanted to, and I think there might be some citizens that would encourage it to never recess," she said. "And to work every day, which lots of people do."
The comment elicited laughs in the Supreme Court chamber.
U.S. Solicitor General Donald Verrilli responded, "That's true. They could -- they could decide not to take a recess."