Yeah, the Republicans had the silly idea that if a president won an election,
he should be able to appoint the judges that he wants to as a result of that win.
The Democrats during the Bush admin showed us how wrong the GOP was on that view. The SENATE (or at least 41 members of it) gets to determine what judges are appointed.
/sarc
That is sad but true, however GW could have recess appointed every time they took a break. Kept the issue on the front page, but he chose the McCain way, setting a "New Tone" of cross the Isle cooperation. Yes I know about Grahamnesty and McCain and the band of 14. He could have pressured the Republican Senate to actually force an actual Filibuster. Oh well, same old crap coming again soon.