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it said that the recess power only applies if the vacancy itself arises between sessions. In other words, a job that comes open while Congress is in session can never be filled by a recess appointment, even if the Senate adjourns completely without acting on a nomination.This broad, indeed radical, decision illustrates the problem with "originalism" as a method of deciding, rather than analyzing, cases. Evidence from the period when a constitutional provision was framed is always relevant to a judicial decision. But so are subsequent caselaw, interpretation by other branches, and simple practicality. A court that claims to have discovered the "right" answer as a matter of "original intent," or "original understanding,[link widoczny dla zalogowanych]," or "original public meaning," may consider itself freed from all that messy precedent and history. That's particularly unfortunate because the theory of judicial originalism centers on an indefensible intellectual claim -- that one judge, or a multi-judge