I would love to read it...Thank You Qiviut...
This is not the article, but I believe it might be the same author - he makes the legal points (and 1 other at the very end) why ‘recess appointing’ Merrick won’t work:
The real reason President Obama won’t recess-appoint Garland Garland to the Supreme Court
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/12/29/the-real-reason-president-obama-wont-recess-appoint-merrick-garland-to-the-supreme-court/
I put nothing past Obama - he’s a brazen, lawless tin-pot dictator at this point, but trying to recess appoint Merrick just doesn’t look like it holds water.
BTW, I cannot keep this guy’s name straight - I know somebody with the first name ‘Garland’ & I keep thinking the last name is Merrick & it’s just the opposite.