Missing in most reports about the judicial nomination train wreck in the Senate is the facinating story of how it started. It wasn't about ideology, it was about nepotism and thwarted Senatorial privilege, as a 2004 article about Carl Levin's nepotism in the National Review lays out.
It seems that back in the Clinton years, Michigan Appellate Judge Helene White was nominated for a seat on the Federal 6th Circuit. Judge White is the wife of a cousin of Senator Carl Levin (D-MI). Senators are supposed to OK nominees from their home state, and the other Senator from Michigan did not OK Judge White, and she never received a hearing from the Judiciary Committee. The nomination expired with the end of President Clinton's term. Apparently, this stuck in Senator Levin's craw.
Fast forward to 2001, when President Bush submitted four nominations for the 6th Circuit (Henry Saad, Richard Griffin, David McKeague, and Susan Neilson). Carl Levin, upset that George Bush had not renominated Judge White, began to block every judge for the 6th Circuit, unless Judge White was among them. Since the 6th Circuit has at least 5 open seats and has been understaffed for the last decade, the Judiciary Committee declined to honor Senator Levin's blanket blue card, held its hearings and passed the nominations to the floor.
Where they were filibustered. Having crossed the filibuster Rubicon, other nominees that came along that some Democrat interest group didn't like were also filibustered. At one point or other twelve appointees have stalled on the Senate floor -- seven are left, with five dropping out along the way. Last month, Senator Levin offered to move the 6th Circuit nominees along in a "compromise" -- two judges would be approved if he was allowed to pick a third. Three guesses who.
Oddly, though, this story of nepotism doesn't seem to be making it into the story in the mainstream media. It's all about "Principle" asn stuff. Just today, it is suggested that the Democrats will "compromise" and approve some of the judges being filibustered. Never is it mentioned that these will be judges that have only been blocked because one Senator wanted his cousin-in-law on the Federal bench. This isn't a compromise -- it's a thief offering to return half of what he stole in return for getting away with it.
Does Frist really think this is going to get him any Republican support come 2008? Not that he has any chance anyway.