“There is no rationale for a filibuster, however, when the Senate is acting under Article 2 in advising and consenting to presidential nominations. As Crockett points out, here the president is “the originator and prime mover. If he wants to make the process more burdensome, perhaps through lengthy interviews or extraordinary background checks, he can.” The Senate’s role is to accept or reject the president’s nominees, just as the president has a responsibility to accept or reject a bill approved by both houses of Congress. There he does not have the option of delay. Nor should Congress have the option of delay in what is fundamentally an executive function of filling the nonelected positions in the federal government. In other words–to quote Crockett once more–”it is inappropriate for the Senate to employ a delaying tactic normally used in internal business–the construction of legislation–in a nonlegislative procedure that originates in a coequal branch of government.”

This is why the filibuster has historically not been used on nominations. This is the constitutional logic underlying 200-plus years of American political practice. This is why as recently as 14 years ago the possibility of filibustering Clarence Thomas, for example, was not entertained even by a hostile Democratic Senate that was able to muster 48 votes against him”. –William Kristol, writing in the Weekly Standard