When is a recess not a recess? Apparently when someone doesn't play nice on the political playground.

That's been the contention of two U.S. courts so far (district and appellate) with regard to the Obama administration's appointment of three people to the National Labor Relations Board in January of 2012. Both courts said the president's appointments, which can be made more or less by fiat during a congressional recess, were actually made during a holiday break. The Congress was technically still conducting business, the courts said.

Now the U.S. Supreme Court will take up the issue. At stake is not only whether the president can slip a couple of friendlies onto the NLRB without opposition, but also whether a passel of decisions made by that board will stand or be revoked.