From article]
Republicans argued they were meeting during the recess — in so-called pro forma sessions every three days — and still maintained control over the confirmation process. But the administration said the pro forma sessions held by the Senate every three days during the intrasession break were only a sham designed to keep Obama from filling the posts.
At the meeting McConnell's team agreed they were left with two options to proceed, since Senate Majority Leader Harry Reid would not authorize an institutional lawsuit on behalf of the Senate. Senate Republicans concerned about Obama's use of recess appointments could either sue as individual members, or they could join a private party case as a group.
[. . .]
The liberal Justice Breyer's implicit criticism of the move from Obama, who often touts his credentials as a former constitutional law professor, was particularly biting. Breyer wrote, simply, that only the Senate could decide when it was in recess — not the president.
http://www.businessinsider.com/nlrb-decision-obama-mcconnell-supreme-court-boehner-lawsuit-recess-appointments-2014-6
How Mitch McConnell Crushed Barack Obama At The Supreme Court
BRETT LOGIURATO
JUN. 28, 2014, 9:00 AM
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