[TStro]

Apples and oranges. This is not a recess appointment. As “acting” he has all the powers of the AG

[Alberta's Child]

Read Thomas' opinion in the 2017 NLRB case. He specifically cited that provision of the Federal Vacancies Act as unconstitutional.

Even though the NLRB case involved an alleged "recess appointment," I'm guessing the Obama administration cited the Vacancies Act in their legal arguments. Otherwise, there would be no reason for Thomas to cite it in his opinion.