take that case to federal district court and say i have an injury, in fact, it's fairly traceable to nlfrb, the kind of injury that could fairly be redressable in court. >> do united states senators have standing to challenge the recess appointments. >> while there may be some disagreement on this of the authorities i've consulted, including those based on the supreme court decision, seems to suggest u.s. senators are likely not to have standing to bring the case in their own capacity but they certainly could in all events participate as amicus curiae. >> stare decisis when they like them initially, they don't tend to talk about the president in stare decisis as much when they don't. my concern whatever the analysis of the recess appointment clause should be the same irrespective of who the president is and what party they are in. can you talk about the historical treatment of what a recess meant and a better rule going forward. it strikes me if a person in the chair were taking a nap under the president's analysis he could make a recess appointment. or if y'all were out to lunch for a cou