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Apparently that's the issue--the timing of the vacancy and whether the recess was a recess as defined by the Recess Appointments Clause. Sounds quirky--here's the full opinion for everyone to read.
This was just one 3-judge panel. The matter will make its way to the Supreme Court ... in time. But you point-out that other Presidents, many other Presidents if I'm reading other sources correctly, have applied the recess appointments as did President Obama. So their actions, if his were not properly authorized, were similarly improper. I haven't looked at the panel of judges' backgrounds here, but we may have an instance where certain jurists are seeking to redefine the Constitutional application improperly themselves. A struggle between the Judiciary and the Executive. Anyhow, this will all be litigated and the girls who are drooling all over this discussion thread gleefully because they thing the "got" the corrent President on "something" are, once again, jumping to (maybe incorrect) conclusions.
What I find hilarious is the lefties defending the appointment by Obama saying they were legal when all the repubs do was to use a procedure created by Ole Harry Reid.
Duh! The case was heard by FEDERAL JUDGES NOT ABC News biased so called journalists.
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