Schroedinger’s Senate

January 13th, 2014

My colleague Ilya Shapiro had a timely tweet about the Solicitor General’s representation that the Senate could be in session for purposes of the 20th Amendment, but not in session for purposes of the Recess Appointments Clause.

Kinda like how the ACA is a tax for purposes of the taxing power, but not for purposes of the Anti-Injunction Act. Makes sense, right?