power to fill up all vacancies that may happen during the recess of the senate. they say the whole point of that is when the senate isn't able to act on a nomination and then the president can make a recession appointment. they point to the language the senate itself used in going after the recess which repeatedly says no business conducted. so there was nobody there is the obama administration's argument. they couldn't have act on a nomination so, therefore, the president was within his power. so there's two questions here. what's a recess and that has to be decided by courts and the other question is this. did a vacancy hapg happen during the recess of the senate? this nomination has been pending for some time so that's another thing the courts will have to work out. is this only to use, like in the first 100 years or so of the country when the congress was only in session about half the year, is it only if a vacancy happens when the congress is out of town, unable to act, the president can can quickly act to keep the business going, or can it be used -- i think both sides are sort of pushing the words of