quote: I am not sure how anyone could think the President should have a greater right to determine if the Senate is in session than the Senate?
The framers disagree with you, since they explicitly gave the President the power to end a session and to call session.
I meant to add the rationale for their ruling:
quote: After digging through constitutional history and reading up on the framers, the judges said it’s apparent the founding fathers intended for the president only to be able to use his recess appointment powers when the Senate was gone for a long period of time, not the brief breaks Congress regularly takes for holidays or weekends.
“All this points to the inescapable conclusion that the framers intended something specific by the term ‘the Recess,’ and that it was something different than a generic break in proceedings,” Judge Clyde H. Hamilton wrote in his majority opinion.