it has to be at recess to make at pointment.d fact if you're the president of the united states but it's true. in order to make a recess add pointment, the senate has to be in recess. unfortunately, for the president, on january 4, 2012, the senate was not in recess according to its rules and journal. which it's required and authorized to keep. and maintain under article one, section five. we're not in recess he had no power to do that. based on court reaction to the argument today i'm convinced the supreme court is going reach that very conclusion. >> well, i know it's hard to read into what the justices may be saying or questions asking in these particular hearings. it seems like it's obvious where they're going did you get the impression? >> absolutely. you can't tell in every case but in cases you can tell where the center of gravity is on the court. today it's rather clearly against the president. that is for the simple reason in the constitution. it's against the president. people complain about recess add pointments all t

simply press consult and you have logged in to your first a pointment. okay, hello there. have got a little rash on my hand, does that look red and swollen to you? >> i don't know. does this look red an swollen? (laughter) >> stephen: okay, okay. yeah, yeah, you might want to put some ointment-- and you already have. okay. side effects-- (applause) >> side effects have help health roulette include a temp-and-teeth, carney toob and abra cad daver. that is it for sheeting death. brought to you by prescott pharmaceuticals family-owned for three generations because we can't lift the curse. until next time i will see n >> stephen: welcome back, everybody, thanks so. folks, you know if you've been watching the news you know that america is still on the grips of the polar vortex. jack frost isn't just nipping at our nose, he's snapping at our genitals like a kit kat. give me a break. but don't take my word that it's cold out there. take the tvs. >> and how cold is it? even the polar bear, that is right, has to spend the night inside. >> how cold is it, check it out. so cold in mi

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. >> it keeps track after pointments but also keeps traffic you. let's compare movie operating system and app. here is the movie. >> good morning. >> good morning you have a meeting in five minutes do you want to try getting out of bed oochl you're funny. good. i'm funny. >> myne doesn't talk but does get you out of bed. >> monitoring current traffic conditions and sends you an alert. and if you ignore, it will send another. >> samantha keeps track of information. >> i saw your e mails. >> you're kind of nosey. >> myne keeps track, too. from several sources including linkedn, and evernote. then keeps track of you, and your day. >> i can press the phone button there to dial n >> is it weather for places today? people that i'll be meeting with, coming up. location i'm going. this is informational. it's panel down here showing this case, how many miles traveled. and how many more do i have to go in the day? >> mynd is free and can be found on apple app store. >> it does a lot. >> it does >> coming up next a feeding frenzy on the bay. >> >>> san franci

the administration said that was the recess the a pointments were valid. >> now whenever we have seen this sort of thing happen it has happened on the political level based on without-- if it is a democratic president, democrats think executive poer with is fine, and if republican they think the same thing did. it play out that way in the chambers. >> i don't think so. i think the justices from some of their questions were very aware of the politics behind this. but they also were very engaged in exploring the meaning of the phrases in the closet at issue here. there are really three issues before the court. the recess clause gives the president the power to fill all vacancies that may have been during the recess of the senate. and so they were trying to decide what is the recess. may the president only make appointments in that break between the biannual sessions of congress or as presidents have, during recesses in the middle of the session. what about may happen, vacancies may happen. does that mean the vacancy has to arise during the recess or as presidents have done, existing vac

office in 2009, president obama has done this 32 times, acrowding congressional approval, doing oop pointments while congress was out of time or not in session for the time-being. bill: jonah goldberg, "national review," fox news contributor. jonah, good morning to you. what specifically kicked off this case now? >> in 2012 president obama, we're not on the air. bill: yes, we are, jonah. keep going. >> we are on the air? i apologize. in 2012 president obama appointed some nominees to the national labor relations board and basically what he did was he did it when the senate was essentially in miniscule break. the senate was formally in session. the senate was in session to prevent the president from making these appointments. he basically declared unilaterally if there is slightest thing looks like a recess he can make appointments unilaterally. bill: you said what he did in 2012 was lawless. lawless. how so? >> first of all it is part of a larger pattern of this president from unilateral actions on obamacare but the standards that he considered to be the law of the land himself when he was a s