constitutional interpretation. these recess appointments were thrown out. so in terms of vindicating the constitution separation of powers this is a very important decision. >> basically saying that the are president had decided unilaterally to say, i think the senate is in session, therefore i will appoint these, even if the senate says itself it is not in session. >> right. the senate was conducting something called pro forma sessions precisely to prevent the white house from making recess appointments, and he said, oh, no no, this counts as a i'm going to make the appointments. >> quick detail, justice breyer even arbitrarily said a break in the session should be at least ten days. the one obama was citing was three days. and the liberal justices simply couldn't swallow the idea that's a real recess. >> what's the practical implication of this for the president's power to appoint, make recess appointees, the whole point of which was to say, congress, back in the founding days took two, three months to