I respect your opinion, but here's my bottom line...
The Supreme Court has refused to weigh in on the War Powers Act because they deemed it a political question. In my opinion, that's a clear message to the lower courts that says that even on matters of vital national importance, such as determining which branch of government has the authority to wage war, the judicial branch does not get involved in disputes that involve a power struggle between the executive and the legislative branches.
Compared to deciding which branch has the authority to wage war, questions of inter-session vs intra-session recesses are of far less national importance. I think that the DC Circuit has stuck its nose into something when the SCOTUS has clearly set a precedent that says don't stick your nose in that.
Now if the SCOTUS wants to change their mind and issue a ruling on inter-session vs intra-session recesses, that's their prerogative.
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