They failed (yet again) to bring an end to the Filibuster. And the last vote apparently had more people on the nay side than before, so it looks like common sense might prevail after all. So as things stands now, Bush might appoint him through a Recess Appointment, but things are bit dodgy with regards to when Congress will then have to confirm him.
You might somehow compare him to the Social Security thing Bush had going. Where the heck did that thing go?
[Edited 2005-06-30 00:37:55]