Last week, 77 freshmen in the House of Representatives wrote a letter to Speaker John Boehner offering their assistance “in ensuring that there are always sufficient members to cover the necessary pro forma sessions” in order to block  any potential recess appointment by President Obama (Elizabeth Warren in particular). It appeared that if the Republicans kept up these pro forma sessions, there would be no way to get Warren through the Senate confirmation process as the Director of the CFPB.

But today, David Arkush, the Director of Public Citizen’s Congress Watch, submitted a letter to President Obama arguing that it is within his constitutional rights to exercise his adjournment power and force both branches of congress to adjourn for the time necessary to make a recess appointment. This does appear to be the way it is written in the Constitution, but will President Obama be willing to go to such great lengths to put Warren in that position?