I think they are saying that calling a 10-20 day break by the Senate a recess is a reach. It could set the precedent where Presidents just wait for them to go on vacation then bypass Senate confirmation. Who knows then one may sneak a Supreme Court justice on the same way right? Courts have to consider the precedent it sets.
i'm surprised more liberals don't agree with the court to tell you the truth. This is nothing like the healthcare issue so i fail to see that comparison. Not sure it would be a good idea to say a 20 day break counts as a recess of the Senate and now you can just put whoever you want into a position. I don't think I would want repubs to be able to do that either. Thats how we keep checks and balances in.