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.
At one point during argument, SG Verrilli argued for Schroedinger’s Senate: in session re 20th Am, not in session for Recess Appts Clause.
— Ilya Shapiro (@ishapiro) January 14, 2014
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?