[betty boop]

...if the intent of the McCain 11 is to prevent a nominee from reaching the floor and not simply to prevent changing the filibuster rule, then they will not support a 24/7 filibuster either.

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?

[xzins]

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.

[Alamo-Girl]

Then effectively, the presidential appointment power has been usurped by Senator McCain and the rest of his cabal.

Indeed, that is the net effect of the "Memorandum of Understanding". For them, the right to filibuster is nearly sacred - certainly more important than that little simple majority stumbling block in the Constitution.

McCain was also showing himself as the true control of the Senate (and not Frist) - positioning himself for 2008 I suspect.