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Topic - Joseph A. Greenaway Jr.
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But Judge Joseph A. Greenaway Jr., in his dissent, said the other extreme also is possible — that the Senate can gum up all nominations by refusing to act, and staying in pro forma sessions where they can't conduct business but can deny the president his powers.
"By basing the recess appointment power on the Senate's procedure, the majority has committed the Recess Appointments Clause to the Senate's discretion and procedural manipulations," Judge Greenaway wrote.