You missed the part where I set my hair on fire.
Anyway, my point was that the president has this threat that he could imply. Implyingthe threat might get the Senate to get off the dime. The President could make a bold nomnination in the mold to Fhomas or Scalia, and the Senate would have the hot potato. If the Senate doesn't ratify or reject the nomination, the President can recess appoint. It's a balance of powers thing, but it only works when the powers are exercized.
Dollars to donuts, a recess appointment would be confirmed on the next go around. Bush is still in the driver's set then.
President Bush made a timid pick.
JRB, Owen and others waited four years. The 'Rats would be happy to stall until after the 2008 election. Then you can scream when Hillary or some other atrocity appoints a few more Darth Vader Ginsbergs.
Well, you at least got me thinking about a recess appointment, but that's assuming a filibuster in the first place. It's sad more wasn't done to provide swift and complete retribution to the Gang of Seven Republicans who gave an unconstitutional filibuster credibility with their agreement with Harry Reid and the other Democrat Senators.
The only way to get around this problem is to viciously shred the mutinees, and let them know that there is no "extraordinary circumstance" which allows an unconstitutional filibuster of the President's nominee:
John McCain AZ
Lindsey Graham SC
Mike DeWine OH
John Warner VA
Lincoln Chafee RI
Susan Collins ME
Olympia Snowe ME
Why aren't the complaining pundits directing their scorn at these people, as well as the Democrats who came up with the charade, like Kennedy, Clinton, and Schumer?
Blaming Bush for the situation the unconstitutional filibuster puts him in is counterproductive.
Having said all that, I doubt that a filibuster of a Supreme Court nominee would please Sandra Day O'Connor at all, and she'd know exactly where to direct her anger over her retirement being delayed further - right at the heart of those who came up with the idea.
So instead of a recess appointment I'd rather see all of us unite to bring the filibuster down, disposed of in the trash bin of history where it belongs.