[CFC__VRWC]

Stevens said it would be a mistake to assume the move constituted a decision on the merits of whether Bush has the constitutional authority to fill future judicial vacancies, including Supreme Court vacancies, with appointments made during such short recesses.

Basically, Stevens is telling these guys that their brief isn't good enough to convince O'Connor and/or Kennedy to side with them and rule that Presdient Bush cannot make recess appointments, and that they should try again. IOW, they got a mulligan.

[aposiopetic]

Basically, Stevens is telling these guys that their brief isn't good enough to convince O'Connor and/or Kennedy to side with them and rule that Presdient Bush cannot make recess appointments, and that they should try again. IOW, they got a mulligan.

I guess they have to wait till Sandy Berger removes the Constitution from the National Archives and makes the following (28th?) amendment:

The President shall have Power to fill up allsome Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.