[cotton1706]

Where did you read there was a split? The DC Circuit usually has original jusrisdiction on these types of matters.

[Cboldt]

-- Where did you read there was a split? --

The opinion itself dissects and rejects an 11th circuit case that differs from the rule of law laid down in this case.

See too, DC Circuit Strikes Down President Obama's Recess Appointments - John Elwood @ Volokh Conspiracy

Still reviewing the opinion, but it appears that the Court invalidated the use of intrasession recess appointments, which have been in pretty heavy use since WWII, and were used for a number of high-profile recess appointments, including John Bolton and Judge William H. Pryor, Jr.

This is in pretty clear conflict with an Eleventh Circuit opinion and is a broader basis for invalidating the recess appointments than I anticipated. I suspect this one is destined for the Supreme Court.

There are additional links from that Volokh Conspiracy report, presenting arguments on both sides.

I think the DC Circuit got this one right, but, we can run it through Scalia's "long standing unconstitutional acts become constitutional" thingamajig.