If you’re a busy President whose nominees keep getting blocked by the Senate, what are you to do? I mean, your staffers did a lot of hard work coming up with that list of names and those jerks over in Congress keep shooting them down. You can’t be making a new list every time the legislators think your nominees are unsuitable because that starts to seriously eat into your golfing schedule, so in the interest of saving time, you just skip the step of finding candidates that are acceptable to all parties and just appoint who you want. Sounds, reasonable, right?
Well, that’s just what our dear leader did. The Senate wouldn’t allow votes on his nominees to the National Labor Relations Board, so he used the constitutional power of making recess appointments to fill the vacancies. The only problem with that is that the Senate wasn’t in recess when he did it. Recess appointments are a means to temporarily fill a position when the Senate is in recess, not to side step the system of checks and balances that allows the legislative branch some control over the executive branch’s nominees.
But our current chief executive doesn’t really think that that dusty old constitution applies to him. If Congress doesn’t like his nominees, he’ll just put them in himself. If Congress won’t play ball, then by golly, he’s got his pen ready to sign all the executive orders he could possibly need to push his agenda through, or as he puts it, “move the ball forward” . There will be no “waiting for legislation”  for this president.
But this time, it looks like even his loyal supporters in the Supreme Court can’t justify his abuse of power in making recess appointments when there is no recess. When Justice Kagan won’t back him up, that’s when you know that he’s really crossed the line. All I can say it that it’s about time.