Deputy Solicitor General Neal Katyal told Chief Justice John Roberts that "the [congressional] recess has to be longer than 3 days" for the president to have the power to make a recess appointment, recalls House Speaker John Boehner, R-Ohio, while criticizing Obama's recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau.

"It turns out that the action not only contradicts long-standing practice, but also the view of the administration itself," Boehner's office notes on his blog.