The Republicans in the Congress are in hardly a more disagreeable position...
If they go Nuclear and somehow lose, they face gridlock and will lose the Senate in 2006
If they dont go Nuclear and face gridlock, they will lose the Senate in 2006...
If the Democrats block, this could get interesting very quickly. There are other things to do besides the SC justices. And while they are debating it or philibustering it, people in the real world will continue without due process because it isnt just the SCOTUS that is going to have nominees....but the different circuit and appellate justices as well....
Yes.
And all those recess appointments GWB finally made just a few months ago....all those have to be confirmed or re-appointed now.