This decision would effectively eliminate recess appointments. In years past, congress would be out of session for months at a time, but that certainly isn’t the case now.
Obama’s biggest abuse of power here was to himself declare the senate was in recess, even though it was still holding pro forma sessions. No other president has done that.
Yes, it would. The case even evaluates the recent intrasession interval of mere seconds. Adjourn sine die, and then gavel in the next session.
-- Obama's biggest abuse of power here was to himself declare the senate was in recess, even though it was still holding pro forma sessions. No other president has done that. --
Sometimes it takes a big abuse to uncover and unravel a long-standing deviation from the constitution.