Either way, I suppose it's a subject that has to be settled for precedent. Democrats squealed when Dubya did it. Republicans did likewise when Obama did it. But you have to understand the impulse to try it, particularly with all of the appointments--even uncontroversial ones--being routinely filibustered.* It's a shame that Harry Reid didn't have the opportunity to neuter the filibus. . .oh wait.
Appeals court panel rules Obama recess appointments to labor board are unconstitutional
President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board. . .
Read more at: Washington Post
*Isn't it Ironic Department: If the Senate hadn't been so filibuster happy, and so openly hostile to the President's appointees, it's very likely that Elizabeth Warren would have been appointed to the Consumer Financial Protection Bureau, and would not be a Senator right now.