I hate it too, but unfortunately, there's not much Bush can do about that absent a Senate majority of non-Dems/RINOS.
I'll note that in my reference copy of the Living Constitution. Majority required for confirmation depends on political realities and Senate rules.
I disagree that there is little Bush can do. He can complain about his power being eroded by an unconstitutional practice. That fight is one he prefers not to engage. To bad, because he is a darn good fighter.
But he did. He engaged in that fight for those stalled circuit court nominees, and he lost when the Gang of 14 cut his legs out from under him. Don't you think he's either met with or talked to Senators to find out how much strength he has? Heck, Specter already said he wouldn't support anyone who was part of that deal, which excludes JRB and a bunch of others. The RINO Senators have hamstrung him -- that's the reality.
I'd love to see him nominate Alito or JRB, but he just doesn't have the Senate support.