You okay there, Rhythm?? 
All I’m saying is that if the President willfully defies a law of Congress – particularly a law that implicates the deep structure of a coordinate branch of government – then Congress has a legitimate beef, separation of powers-wise. Whether or not it would ultimately be justiciable is a different question entirely.
Too. Little. Sleep.
Isn’t the Law of Nine the last relevant law passed before the quart packing fiasco? IIRC, it set the number of judges at nine, but didn’t get into detail about mandatory appointments–not an issue in the 1800s. We’d have to get into some fairly extreme hypotheticals to find a situation where the president could be in some sort of peril job or otherwise for failing to appoint, no?
The “quart packing fiasco”? 
There was a scandal as to how much ice cream went in, as opposed to hot air.