I agree - at best the nomination is on life support. It happened because Bush and the Republican Senate did not have the guts to do what had to be done. As usual, Democrats are willing to push a matter of principle further than Republicans are, who seem more interested in maintaining politeness and decorum than in using their power to do work their will.
I remember when Newt - correctly, I think - labeled Bob Dole the tax collector for the welfare state. You're absolutely right about the Repubs too often wanting to go along and get along, play nice, and maintain a semblance of bipartisanship.
Then they get their brains kicked out and wonder why. I think it was Ben Franklin who defined insanity as doing the same thing over and over and expecting different results.