The biggest story going on that no one cares about right now — but very much should — is the appeal of a truly awful D.C. Circuit Court decision which essentially eliminated the president’s recess appointment power from the Constitution.
The next question is whether the Supreme Court will hear the appeal; they certainly should, given the substantial importance of the decision. Remember, the Appeals Court decision was not based on the question of whether presidents could make recess appointments when there was a dispute about whether a recess punctuated by pro forma sessions counts as a Constitutional “recess.” Instead, the decision reversed the way that recess appointments have been practiced since the Constitution was brand new, as well as the various additional ways that were added over time. It was a deeply radical decision, and in my view deeply wrong. The Supreme Court should take the case, and overturn the ruling.
And, yes: if Barack Obama had nominated judges to the DC Circuit, and if Republicans in the Senate were not filibustering every judge he does nominate, it’s possible that this radical decision would never have happened. At any rate, the Senate should rapidly move D.C. Circuit nominee Sri Srinivasan to a final vote, and Obama should, finally, nominate judges for the other three vacancies on that important court.