Johnson doesn't rule out use of recess appointments

[BumRushDaShow]

7. I have seen some other reports citing that section

And the fuller section is below with a critical criteria highlighted -

Article II

Section 3.

(snip)

he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper;

(snip)

https://www.law.cornell.edu/constitution/articleii

In the above situation "extraordinary" tended to associate with declarations of war or some other calamity.

But one could bring up a more practical reason, which was probably more frequent in the centuries past - i.e., issues with transportation to the U.S. Capitol, from remote states (not even counting weather delays).

So for example, if one Chamber didn't have a quorum of members present to vote on a Recess or Adjournment when the other Chamber wanted to and was ready to do so, but couldn't (because both need to agree to do it at the same time), then the President could step in and do it for them.

I.e., that provision should NOT be something assumed to have been included there to "game the system" and jam in nominees.

Plus another question might be the terminology between "Recess" and "Adjournment", where the latter is usually done at the end of a Calendar year or sometimes during a summer break. I think there is something about "10 days before the end of the year" (which corresponds to the "pocket veto" timeframe) and/or at the end of a Congressional Session". I.e., it has more "finality" to it, whereas "Recess" is more a temporary thing.