“I wonder if he would have vetoed it had congress still been in session?”
Who knows? In any case, the bill is dead for now and that’s good news.
This is not a "pocket veto". A pocket veto is a term to describe what happens when the President takes no action and Congress is adjourned. When this happens, the bill does not become law. So it is the same as if he had vetoed it.
Now when the President takes no action and Congress is not adjourned, then the bill does become law. Again, it requires no action on the President's part. In a nutshell, it is the same as a Legislator voting 'Present'. It requires no courage or leadership. In essence, it is exactly what I would expect from Barack Hussein Obama.
But, there's a problem: Congress is still in session. The Senate has not adjourned -- and will not adjourn. They are staying in session throughout the October recess to prevent Obama from making recess appointments.
In other words, the gutless wonder's refusal to explicitly veto the bill is not Constitutional.