Recently, President Obama nominated Richard Cordray to be the first head of the Consumer Financial Protection Bureau. A position created by the controversial Dodd/Frank financial reform legislation, Republicans had been blocking all appointments (notably Elizabeth Warren who was the architect of the department) in that they did not believe in the existence of the department. As a result, President Obama chose to appoint Richard Cordray through a recess appointment to avoid Senate confirmation that he believed he would not be able to secure.
However, the Republicans left the Senate opened in a pro forma session (where no business is conducted and the body is opened and closed in a matter of seconds) during the period of the appointment specifically to avoid this inevitability.
Is there any precedent indicating that this move might stand up to a legal challenge? Have there been any cases at all where the Supreme Court has ruled on the recess appointment language in the Constitution?