Posted by The Taint on 1/27/2013 5:17:00 PM (view original):
Recess appointments by president:
Bush I 77
Bush II 171
Nearly all of those appointments would be unconstitutional under the rationale of the United States Court of Appeals for the District of Columbia Circuit. It ruled that presidents may bypass the confirmation process only during the sort of recess that occurs between formal sessions of Congress, a gap that generally arises just once a year and sometimes is skipped, rather than other breaks throughout the year. Two of the three judges on the panel also ruled that presidents may fill only vacancies that arise during that same recess.
Presidents have used recess appointments to fill vacancies that opened before a recess since the 1820s, and have made recess appointments during Senate breaks in the midst of sessions going back to 1867. But the three judges, all appointed by Republicans, said the original meaning of the words used in the Constitution clashed with subsequent historical practices.
Whats going to be really funny is when prisoners are released from prison due to their trials being overseen by judges that were appointed during recesses. Of course the Dem's brought it on themselves by jacking with Bush using the same tactics the GOP just used. This is going to be another colossal waste of taxpayer money.
That isnt true.
Most of those appointments were during a recess.
What changes if this ruling stands is that Congress can keep the President from doing this by keeping the Senate going.
To my knowledge no one ever made an appointment when the Senate is still in session, even the technical version.
Obama decided that the rules are for suckers and got caught!