“
One of the controversial Bush nominees the Gang of Fourteen deal failed to stop was a partisan operative with no judicial experience. His qualifications were primarily political, having been an assistant to Special Investigator Kenneth Starr before becoming staff secretary to President George W. Bush. An active member of the Federalist Society, he had been nominated in 2003, before the Gang’s deal was struck, but the Senate declined to confirm him due to his extreme partisanship and lack of qualifications. Daring Democrats to block him again and give Republicans a reason to go nuclear, Bush renominated him in 2005. His hearings were contentious, but he made it through the committee.68 Intimidated by Republicans’ continued threats to go nuclear, Democrats declined to filibuster him when his nomination came to the floor. On May 26, 2006, by a vote of 57 to 36, he was confirmed to the U.S.
”
”
Adam Jentleson (Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy)