Because that is exactly when McCain, Graham et. al. made their power grab, to make certain that another obvious Scalia-type would never get a floor vote because they'd characterize that nomination as an extraordinary circumstance justifying a filibuster in order to put pressure on Bush's reform agenda. Graham and Snowe immediately went on record as using the judicial filibuster agreement to oppose Bush's reforms.
Read this primer
Man where were you? There was loads of outrage (out here and in the Senate chambers too as I hear it). The 7 felt secure in their positions and held. I think it did damage some of them but the bobsie twins from Maine are working with an electorate that is debatable so I dunno about them. I do think Graham is now vulnerable, and I think McCain damaged himself also..We'll see. I agree with you about how bad the Republican Senators have performed but they are trainable via the ballot box and my senators do pay attention to their US mail traffic. Not too sure email does much but give them a daily barometer but I use that too. Now we have another chance to ring their bell. I for one think we should ring it loudly and often.