joining me now pete williams and amy hough. let s go back to the recess appointment decision. pete, what was interesting is there were two decisions. explain. well, the court said three things. number one, they said that you can have a recess appointment not only between sessions of congress, but within sessions of congress. secondly, you can appoint people who are when the vacancies arise before the recess. the constitution says the president can fill up vacancies that arise during the recess of the senate and what the supreme court said is that means vacancies that exist, not that occur. and thirdly they said a recess has to be at least ten days. so for all practical purposes, when the white house and the senate are in opposite parties, the recess appointment power is dead. completely dead because they ll do these they said specifically these fake sessions, which harry reid started back in 06 and 07 to prevent judge packing in his mind, something that the republicans want t