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To: napscoordinator
Wasn't this the non-recess, recess appointment? Didn't they deliberately stay in session and he appointed anyway?
8 posted on 01/17/2013 2:21:08 PM PST by liberalh8ter (If Barack has a memory like a steel trap, why can't he remember what the Constitution says?)
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To: liberalh8ter; napscoordinator
-- Wasn't this the non-recess, recess appointment? Didn't they deliberately stay in session and he appointed anyway? --

I think that's the legal issue or question. The Senate being in session was a sham. There were two senators present, one to have the presiding chair, and the other to start and adjourn. Typical "sessions" lasted less than half a minute, and no business could have been conducted, as the body didn't come remotely close to having a quorum present.

I think the court will find this to be a political question, outside of its ability to decide. But, assuming arguendo it says the appointment was improper, I doubt the court also tosses the rulings. The court would more likely apply the "de facto officer" principle to past actions.

9 posted on 01/17/2013 2:27:14 PM PST by Cboldt
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