From what I overheard on Fox as I was freeping. Someone appointed during the clinton era died, someone was appointed to finish out that persons term. It expired in November. Bush is executing his right to appoint someone now.
Berry thinks the person filling in for the dead person should get a full six year term and is fighting it. Everyone else believes the person replacing the dead person should have only stayed on until the dead person's term was up, which was November.
Thank you both for 'splainin' it so well. What a crock o' malarkey this is....