comes to making the recess appointments and the president got this right. >> if they are doing real business, that means there is not a recess. what is difference is they are not doing business. someone is showing up for 30 seconds they hit the gavel twice and they are gone. that is not a real senate session. >>reporter: republican senators say the democrats have used the same tactic and disagree. >>shepard: what is the bottom line on the legal challenges? >>guest: critics say the president is stretching the powers of the executive branch beyond the constitutional limit. here is the president of one of the groups now waging the legal fight, the national right-to-work foundation. >>guest: he says because they were doing things that were "important," although they passed a payroll tax extension, he does not figure that is important, he decides whether what the senate is doing is worthy of being in session. >>reporter: harry reid came up