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From the article:

But the House and Senate are not operating under those circumstances right now. Both bodies of have adjourned until later this month for the Presidentâ€™s Day recess.

The Senate last met on Thursday. When doing so, it approved a
â€œconditional adjournment resolutionâ€ for the Senate not to meet again until Monday, Feb. 22. The House met on Friday and at the close of business adopted the same adjournment resolution to get in sync with the Senate. The House is out until Tuesday, Feb. 23.

So, the House and Senate will not be meeting in the coming days. This is an adjournment and is not challengeable in court the way the NLRB recess appointments were because both bodies have agreed with each other to adjourn.

This is a true recess and an opportunity for the president should he elect to take it — considering the political realities of the Senate and the position of its majority leader to potentially make a recess appointment.

Keep in mind that this window will close later this month. Then GOP-led House and Senate can effectively block the president with another recess appointment gambit in the future by agreeing to meet every three days, even if members arenâ€™t really here.

But obviously nobody anticipated Scaliaâ€™s death.

Thus, the president could in fact take advantage of this rare opportunity because he wonâ€™t get it again after February 22/23 if McConnell sticks to his guns.

I wonder which odds are better: those of failing to confirm a recess appointee or those of resisting Obama’s attempt to get a permanent appointee confirmed?

I don’t really see the Republican majority being any stronger one one or the other, so I don’t know which option would be perferred. I do know Obama will make an appointment, you can take that to the bank.

Thus, the president could in fact take advantage of this rare opportunity because he wonÃ¢â‚¬â„¢t get it again after February 22/23 if McConnell sticks to his guns.

That's a very big "if"....huge, colossal, mega, in fact. Considering how Mitch (Obie's bi*ch) has already "stuck to his guns". Anyone that believes Mitch has changed to anything but a spineless RINO or a 'rhymes with wussy' is laboring under a major delusion here.