Unless they go 24/7 after the a failing cloture vote they will be pulling from the floor.
Unless they go 24/7 after the a failing cloture vote they will be pulling from the floor.
Normally, I would agree with you both, however, there is also the tool of the Recess Appointment.
If it gets to the point where the nomination is pulled, then as soon as Congress goes on any vacation, Bush can make a Recess Appointment, and after two years, Estrada will have the judicial record that the Democrats claim he doesn't have now. If, in two years, Bush in his second term re-nominates Estrada again, the Democrats (those who are left) would have to contend with his newly established judicial record.
That, I believe, is the ultimate end-game.
-PJ