The problem is, the court said in its ruling that the Senate was not in recess when Obama acted validating what many Senators were saying all along and what most people with common sense obviously know.
Obama's lame and laughable argument was that the Senate was on an extended holiday break and that the brief sessions it held every three days were a sham intended to prevent him from filling seats on the NLRB. So His Majesty decided to disregard the Constitution because it was inconvenient for him to comply with it. Obama was most likely thinking "Why should I let the Constitution get in the way of my executing the duties of the president. I've got work to do and I am not going to let the Constitution interfere."
The Supremes, however, rejected Obama's specious argument on Wednesday. I just wonder how they kept from laughing out loud.
Justice Stephen Breyer (A Clinton Appointee) said in his majority opinion that a congressional break has to last at least 10 days to be considered a recess under the Constitution.