As Scalia explained in a lengthy statement from the bench that followed Breyerâs summary of the Courtâs decision, he and his three colleagues would have held that the presidentâs recess appointments power is substantially more limited than the Court ruled today.
http://www.scotusblog.com/2014/06/court-strikes-down-recess-appointments-in-plain-english/
This compromise, which voided Obamaâs appointments but left the recess appointment power largely untouched, led Justice Antonin Scalia to write a concurring opinion that read like one of his blustery dissents. He thought the Court should have gone further, regardless of the long historical practice of inter-session recess appointments. There is no âadverse-possession theory of executive authority,â he wrote. Worse, perhaps, from his point of view, may have been the Courtâs embrace of pragmatism instead of looking solely to âthe plain, original meaning of the constitutional text.â
http://www.scotusblog.com/2014/06/symposium-noel-canning-and-the-hesitant-court/