Since the Constitution makes clear beyond the shadow of a doubt that RECESS appointments can only be made when Congress is officially in RECESS, how could the Supreme Court rule otherwise?
Maybe the Justices are finally tired of being members of a Court that is only ONE of the worst Supreme Courts in history and instead wants to officially secure its place as THE worst Supreme Court in history.
It would be hard for the Roberts Court to displace at the very bottom of the heap the infamous Supreme Court that in the 1850s ruled against Dred Scott, thereby touching off the Civil War.
However, the Roberts Court already has ONE inane and destructive ruling to its discredit — its support of ObamaCare — so a clearly unconstitutional ruling allowing recess appointments to be made when Congress in NOT in recess could provide just the additional weight of injustice necessary to tip the scales in securing the Robert’s Court the prize of worst Supreme Court that America has ever had to endure.