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a 40-cent bottle at a soda bottler in washington state has bubbled up into a war over presidential powers and it's going right to the top court. think of it this way. if the congress and the senate goes out for recess, can the teacher, president obama, just put a bunch of people in place, and not just obama, any president at any time. this is the issue. and it's kind of confusing. jeffrey toobin, our senior legal analyst, is here. i'm going to make it real simple for you, jeff. i was out really late at the golden globes, and i'm having a really tough time getting the issue straight on these recess appointments. it seems like we have always done it. so what's going on now that this should change. >> well, it is a real manifestation. it's a real example of how the partisan warfare in front of me in congress has had implications for really how the country works and how the constitution is interpreted. and the big issue here is that president obama has nominated people for the national labor relations board, which is what this case is about.