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"contradicts 150 years of practice by presidents of both parties."
All that needs to be said. They are picking on Obama, clearly. Bush Jr used these extensively and the right wing apologists here defended him rampantly.
I personally don't like Obama, didn't vote for him, and have wished congress to close that loophole for more than 10 years now.. but truth needs to be observed here, not hypocrisy.
It would seem to me that Bush did not do "In Session" appointments and that he did not step on the toes of the industries that would file for legal remedy. Obama did both. I would have to say that it is not Obama being picked on, but rather that it is Obama's unconstitution application of the "Out of session" appointments when those appointments were made when the Senate was in session.
Obama attempted to "One up" the Senate and the courts ruled that Obama's hand was in the unconstitutional cookie jar. I am sure that now we will see what SCOTUS has to say on the matter.