So, all presidents make recess appointments. All presidents play politics and are hypocrites when the other party does it. What’s the beef?
It’s that the Senate is not technically in recess, and the abuse of the recess appointment power in this instance is egregious. Time will tell if it is illegal (for example, this pending lawsuit by an Ohio congressman).
In fairness, however, let’s not lose sight of the technicality of the recess by the Senate: By no reasonable standard is that body in session.
All that said, the law is about precision if it is about anything, and Obama may very well be in violation of the Constitution. May be; may not be. It would ultimately depend on which side of the bed Justice Kennedy gets up from if the case comes before SCOTUS.
It will only haunt Obama if the basics of separation of powers can be made into a campaign issue. And I’m rather doubtful this can happen.
Quite a few of us conservatives care about this, but we already know that Obama is pretty much the opposite of what we hold dear. The great middle, i.e. independents, centrist Democrats and Republicans, likely aren’t all that interested in the subject.
It’s simple: if the economy is still sluggish; if un- and under-employment remain high, chances are Obama will lose. If not, and we Republicans run a lackluster campaign (think GHWB in ’92, Dole, and McCain), chances are he will win.