Then effectively, the presidential appointment power has been usurped by Senator McCain and the rest of his cabal. I had thought that the Constitution invests the President with this power, and it is a plenipotential power. That is, he shares it with no one. The Senate's role is to advise and consent, exercising that role by a simple majoritarian, direct, straight up-or-down vote of the entire Senate. Since when does the power of a Senate committee trump the clear language and meaning of the Constitution?
Yes, the constitutional process has been usurped. However, the president can still use the recess appointment for non-lifetime appointments.
He can affect some change.
I would amend the constitution to get rid of lifetime appointment of judges.
McCain was also showing himself as the true control of the Senate (and not Frist) - positioning himself for 2008 I suspect.