By:
dwethered on 1/26/13
Did you not notice that it was an appeals court, not the Supreme Court that rendered this opinion which flies in the face of nearly 200 years of legal precedent and practice? Also if allowed to stand when or IF IT IS HEARD by the Supreme Court it would place literally tens of thousands of government actions in jeopardy since this overly broad decision would invalidate presidential appointments going back to the 19th century would make any actions made by such recess appointments - made by both Republicans and Democrats invalid as a result. In fact many members of the Judiciary would be subject to challenge since President George W. Bush used the same tactic to get around blocks placed by Democrats on his judicial nominees, as did President William J. Clinton.
One wonders if perhaps even one or more of the appointments of the two members of the appeals panel that heard this case, appointed by Republican presidents and elevated to the appeals court by Republican presidents might not face removal from the bench for not being a valid nominee under such a sweeping and extreme interpretation of the United States Constitution and rewrite of the powers granted to the President of the United States by the United States Constitution.