[wludavid]

Good point legion. Had it really been a "fight" I'd agree with you. But let's not confuse the issue. POTUS nominates, Senate confirms. The senate took a couple hours one day to basically say to Dubya, "bzzzt, try again." There was no fight. Bush used a legal, unethical loophole to circumvent the will of the group who has the constitutional right to a veto of the POTUS' nomination.