So I'm editing this post because I made a statement of fact that is wrong. Here is where I have now gone for information:
https://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf
My error was a technicality about when the Senate is in session and when it is in recess. I thought there was a calendar that is generally used to schedule sessions so that lawmakers can know in advance when they need to be in Washington, and that the standard recess nowadays is from mid December until after the State-of-the-Union address or Inauguration.. . . late January.
The ruling states that the Senate is in Session when it says it is Session, referring to a rule the Senate passed on Dec. 17 creating a "session" on two days of each week, spaced about three or four days apart. The days it was "in session", however, the Senate was empty, nobody showed up, as it was understood they were "pro-forma" sessions where nothing would be done.
So here we have the Senate and the Pres doing some fancy footwork. . . . The Senate intending to preclude any recess appoints, and the President looking for a chance to bypass the Senate in making his appointments.
The intent of the original clause in the Constitution seems to have been to address a need in days gone by, when the Senate met briefly for a few days each year, and The President might just need to fill a vacancy that arose during the long recess.
At any rate, my former comment was my impression that today we have all branches of government more or less living and acting under the idea that the Constitution is an old piece of crap and everybody can just ignore it all they want. So I tend to interpret government actions in that light, and I would not imagine that the Supreme Court really wants to curb Obama, nor that the Senate would really give a damn. In fact, it was not the Senate that protested the appointments, but an employer affected by a decision made by the NLRB appointees Obama chose.
kudos to OB for provoking me to check my facts.