From Blogs for Bush:
Ted Kennedy called the appointment "devious." No, actually Senator, it is in the Constitution. Kennedy also was livid when President Bush used his Constitutional power to make recess appointments when he appointed WIlliam Pryor to the U.S. Court of Appeals.. Kennedy even tried to make a case that the appointment was "unconstitutional." Kennedy didn't get much support for his efforts and his challenge was rejected. Kennedy really did make a fool out of himself. and this situation is no different. Ted Kennedy has supported unconstitutional filibusters against presidential nominees—a clear abuse of power—and opposed recess appointments made by a Republican President, a power that the President is given under the Constitution.
As Pardon My English noted last year "I don't remember [the Democrats] crying foul when Clinton made 62 executive and judicial recess appointments in the last days of his presidency. And that is not even all of his unconstitutional recess appointments."