no
the process is called making a recess appointment. The appointment can be reversed by a majority of the congress when they return, but otherwise will stand. At least that's my understanding.
A recess appointment by the President of the United States expires at the end of the next session of the Senate. This means that if the Senate is not in session when the appointment is made, the appointee can serve until the end of the Senate's next session, typically lasting until the following January or February. If Congress is in session when the appointment is made, the appointee serves only until the end of that session.
Congressional recess
There are no current Supreme Court justices who were recess appointments. However, President George Washington appointed John Rutledge as Chief Justice in a recess appointment; his appointment was later rejected by the Senate. President Eisenhower also made three recess appointments to the Supreme Court, all of whom were later confirmed by the Senate.
A recess appointment is a temporary appointment made by the President of the United States while the Senate is in recess, allowing the appointee to serve without Senate confirmation. This type of appointment lasts only until the end of the Senate's next session, whereas a standard presidential appointment requires Senate confirmation and can last much longer, potentially for the appointee's term or even for life in the case of federal judges. Recess appointments are often used to bypass Senate gridlock or delays in the confirmation process.
Recess appointments occur when a president fills a vacancy while the Senate is not in session. Notable examples include President Barack Obama's appointment of Richard Cordray as the first director of the Consumer Financial Protection Bureau in 2012 and President George W. Bush's appointment of Charles Pickering to the U.S. Court of Appeals for the Fifth Circuit in 2004. Another significant instance is President Franklin D. Roosevelt's recess appointment of William O. Douglas to the Supreme Court in 1939. These appointments are often controversial and can lead to legal challenges regarding their validity.
A recess appointment occurs when a President fills a vacant federal position by bypassing the Senate because of Congressional recess. Recess appointments are temporary. Appointees must be confirmed by the Senate after the next election.
In that situation the bill is considered vetoed and is of no effect. This is called the President's "pocket veto." For a bill to become law the President must do two things. He must sign it and return it to Congress within 10 days of passage. A bill, whether signed by the President or not, cannot be returned to Congress if it is in recess. If Congress recesses before the President signs and returns the bill it cannot be returned; therefore the two requirements for a bill to become law cannot be met. When this happens, if Congress wants the bill passed, Congress will introduce another version of the bill, pass it and send it to the President who would then have to formally veto it or sign and return it.
Impeach him. The appointment in question was the director of a legally-established (and much-needed) agency. Obama's predecessor made appointments under similar circumstances. The question of whether the Senate was in recess when Obama made the appointment will likely be settled by the Supreme Court.
they can vote on the bill, but they must have a two-thirds vote to override the presidents veto
Article 2, Section 2, Clause 3
Recess