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View Diary: How Many Recess Appointments Have Other Presidents Made Again? (31 comments)

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  •  A little too far: (3+ / 0-)
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    Garrett, VClib, kurt
    How often other Presidents made recess appointments, or how often appointments were filibustered or blocked in some manner, wasn't part of how all nine Justices looked at this case.
    I get what you're saying, but you're taking it too far: these issues are prominent both in the decision and in Scalia's concurrence. Breyer's opinion includes two appendices listing recess appointments and their circumstances.  The total agreement over pro forma sessions is why the result was (technically) unanimous, and as you said has nothing to do with other recess appointments, but how often Presidents made inter- or intra- recess appointments and why was the sticking point between the 5-4 aspect of the decision.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Thu Jun 26, 2014 at 02:42:15 PM PDT

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