Really, I would hope Dale could jump in here and help explain that this sort of behavior is considered part of a "consolidation of power" under the Executive branch of our government and to a clear thinking, rational mind is not in any way a reflection of the will of the people. From the article Roger posted:

The Constitution gives the president authority to install nominees in office when Congress is not in session. Both the Senate and House were out this week for the Presidents Day holiday. But the appointments are good only until the end of the next session of Congress, in this case the end of 2005.

I think it's clear that this is a bit of a manipulation of this authority and sneaking in this judge during the Presidents Day break is more than a little disgusting. During a period of time when we as a nation could be pondering the intention of some of our founding fathers, Bush in direct conflict with their beliefs and concerns that a president should never be granted too much power, shoves down the throat of the American public a man who is more than a bit controversial. 

I don't think we should shrug off this action with "He did nothing wrong." He took advantage of a situation because he knew he would have issues getting this judge installed. He walks all over the American people when he does that...including you...and pretty much helps to set up what will more than likely become an even more heated battle. This is damaging and divisive behavior playing out in an election year...and it's intentionally so. That is very sad.

Does nothing trouble you about this man Kevin?   

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Bonus Bush quote:

"In the days after September 11, Bush said to Budget Director Mitch Daniels, "Lucky me, I hit the trifecta." Since then he has repeatedly uttered that comment at Republican fundraisers. What did he mean by that? Previously, Bush had said that he would only raid Social Security in case of recession, war, or national emergency."