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In reply to the discussion: Court: Obama appointments are unconstitutional [View all]onenote
(42,700 posts)One would have to look at the circumstances of each recess appointment (or set of appointments) to determine whether they would pass the constitutional test adopted by the court of appeals in this case. If (and only if) the appointment was made during an "intersession" recess (not the more common "intrasession" recess) and the vacancy being filled occurred during that recess, then it would be constitutional.
Going back to Reagan, the length of the "intersession" recess has varied from as little as zero days to 3 months. Most of the time its been a month or two (depending on whether the adjournment occurred around Thanksgiving or around Christmas. Since 2007, there hasn't been an intersession recess that was longer than a couple of weeks.