Subject: Re: Faster but Vulnerable - Recess Appointment Edition
The SCOTUS decision in Canning, which held that Congress' pro forma sessions were sufficient to keep the recess appointment power from being triggered, was very hostile to the recess appointment power in the modern era.

Putting it mildly. In fact, in the Concurrence opinion written by Scalia and joined by Roberts, Thomas, and Alito said that "...the recess appointment power is an anachronism." The Concurrence argues that the recess appointment power should only apply to vacancies that arise while the Senate is in recess. Which actually kinda makes sense, historically and especially now.

Pete