You have too much faith in the Senate
They have proven time and time again .. THEY CANNOT BE COUNTED ON
They couldn't declare themselves before
They WILL NOT do it now
Explain why Scalia and Thomas made it through a Democratic controlled Senate and we're afraid of our own guys? I think that excuse has been drafted more to discredit the Senate 7 rather than the actual fear of their actions. But that's an awfully large risk nominating someone without a true historical background and legal writings just to discredit 7 guys and gals.
Maybe Tony can start to distract the Senate from the Miers nomination, and onto the general matter of providing advice & consent to the President's nominees.
Myers (9th Circuit) and Boyle or presently on the Senate's Executive Calendar, Myers since March.