By the numbers
With the Senate Judiciary Committee in the hands of Democrats now invoking the so-called 'Thurmond rule' as justification for blocking any nominee who does not represent the elusive 'consensus', it would be difficult for President Bush to successfully fight even for a full complement of nominees. But the small number of nominees currently pending makes it even more clear that the time window is closing on Bush's efforts to leave a strong legacy in the judiciary.
Of course, as Kamen points out,
"It's hard to predict with certainty what the Democrats will do in the waning Bush months. For example, the Democratic- controlled Senate in 1988, the last year of Bush I's term, confirmed a generous 66 of his nominees.It seems that times have changed.
That was essentially because then-Judiciary Committee Chairman Joseph R. Biden Jr. (D-Del.) seemed to have this notion that the judiciary should be above crass political calculations. He was confirming Bush I's nominees almost on the eve of the presidential election."