“There was much hubbub in late 2012 when President Obama made four recess appointments during a short recess The case later went to the Supreme Court and the maneuver was ruled to be unconstitutional...”
This time it will be a split decision and have to wait for the ninth Judge to be appointed...in 2017. Robert Bork must be smiling at this furor.
The probleem now is that Congress did officially adjourn on Thursday.
My understanding is that in the event of a split decision, 4 to 4, whatever lower court ruling that exists stands.