Even the liberal
the period of the time when the Senate is not sitting in regular or extraordinary session as a branch of the Congress or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its chamber is empty; when, because of its absence, it cannot receive communications from the President or participate as a body in making appointments […] .
“The trouble with this definition,” Noah points out, “is that it would define as a Senate recess just about every weekend of the year.” Noah might be worried that a future Republican president could use Obama’s precedent to eviscerate the Senate’s constitutional role of giving advice and consent on nominees.
More reading on the Cordray “recess” appointment: “Obama’s Recess Appointments Are Unconstitutional,” by Edwin Meese III and Todd Gaziano, Washington Post; “Obama’s Reckless Ploy,” by David B. Rivkin and Lee A. Casey, Wall Street Journal; “Mr. President: Why Refuse to Answer Whether the Justice Department Issued a Legal Opinion?,” by David S. Addington, The Foundry.