That is not to excuse Republicans: the votes on judicial nominees of each administration have gotten increasingly contentious. This is the last, and hence the worst, in the series–which is not a compliment to the Republicans, just an accidental contingency. And, sadly, it probably will get worse before it gets better.

In the process, mainstream guys like Miguel or Roger Gregory (a black Democratic corporate defense attorney who was similarly tarred as an “extremist” by Republicans, defeated, and given a recess appt.. . . only to be reappointed by Bush as an olive branch to Dems (one of the few of Bush’s appellate appointees that Dems did let make it through)–arbitrarily get screwed. And at the same time, Congress’s institutional authority erodes: nominees who rightly perceive that politics trumps substance will be even less open, presidents will make more recess appts. and other attempted end-runs around Congress. Not good.