A Recess Appointment for Johnsen?

With the Senate recessed over the Memorial Day break, will President Obama name stalled nominee Dawn Johnsen to head the Office of Legal Counsel through a recess appointment? It's quite possible. Senate Democrats vigorously objected to the use of recess appointments by President Bush, going so far as to officially keep the Senate in session over holidays. Yet now that Obama is President, Senate Majority Leader Harry Reid has ended this practice, making recess appointments a possibility. Stay tuned.

UPDATE: A reader with a better memory than I notes that, according to at least one OLC attorney serving in this Administration, any recess appointment over the Memorial Day break would be unconstitutional.