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You seem to like executive orders. I like it when the POTUS signs stuff that has been voted on by the senate.
The article you linked says that the senate was technically in recess, but the republicans disagreed because they didn't want him to make the appointment. That sounds like a retarded technicality to me.
And I also don't see how using executive orders to do things like Helping rebuild the gulf coast and Signing an order that helps clean up the oil spill, and help families effected by the oil spill and making people in office be more efficient in their spending are such an evil thing that you seem to think all executive orders are. Perhaps you shouldn't take such a simplistic view of the world.