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His appointment to fill an open Fed seat must be approved by the Senate.

NPR: Obama Names Mary Schapiro As SEC Chief

At the town hall in Huntsville, we fill out forms that swear to our single state and we make an appointment to be married by a justice of the peace.

NEWYORKER: Amundsen

The court additionally held that the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which the court defined as the once-a-year break between sessions of Congress.

FORBES: Court Slaps Down Obama On NLRB Appointments-Decision Could Invalidate Hundreds Of Labor Decisions