Bush adhered to the practice started under Reagan, to give advance notice of his intentions -- so that Congress could take action, by voting down his nominee. Bush gave his notice; Congress did not act; Bush made the recess appointment.
It's not that Bush is so brilliant. The minority is having trouble accepting reality. They want to believe they still are in charge.
One more lesson. Oh, the learning curve!
Someone needs to tell the Republicans that.
This is what the Rats and media wanted, an issue to *itch about. They will weave this into the debate and hearings over Roberts to illustrate how the administration has no regard for the constituional duty of the Senate to advise and consent.