Whoever wrote this hasn't been paying attention. The Senate has been conducting pro forma sessions this entire year to block recess appointments. Finding 42 qualified people willing to put their lives and careers on hold for a one year stint on the bench is another matter.
Hmmm...Bush should go through the paper-roadblock of the Democrats anyway and name a bunch of recess appointments. A meeting of the Senate is a meeting of the Senate, not two or three of them.
The intent of the Constitution is clear, as is the intent of the democrats. He can do this, if he still has the huevos to do it.
He needs to pull a gutsy move before he leaves. Ever since the Campaign Finance Reform signing I have seen him as a political coward, especially on the judiciary.