Antonin Scalia, Judicial Activist

The Canning case featured a 5-4 split over whether recess appointemnts should be turned into a constitutional nullity.
Associate Justice Antonin Scalia held that restraint has the effect of sustaining a long-term presidential power grab.

The Supreme Court today rescued presidential recess appointments. That's the big takeaway from the Canning case, which was decided by a deceptive unanimous judgment, but in fact featured a 5-4 split over whether recess appointments should be turned into a constitutional nullity.

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