well... i know some people like to say this is "unconstitutional". these people seem to think somewhere this is a law against things being "unfair" or some shit in the constitution. they obviously haven't read the thing.
unless you make a law against lame duck sessions (bad idea) this may happen. here's the thing though: it's entirely political and easily rectified. if the republicans wish to blow some political capital on this kind of maneuver let them. if it is truly as bad as these whining pheasants think it is then they will feel it keenly at the ballot box
i personally think it's fantastic. the executive should be hamstrung whenever possible. true, they should have done it earlier but as they say, better late than never