There has NEVER been a SC appointment in this administration without a simple majority of the Senate. PLEASE correct me if I am wrong. If I recall, SCJ Sotomayor was confirmed with a vote of 68-31 (this may be off), with a few Republicans crossing the aisle. Race has nothing to do with this subject in my opinion, so I'll leave that alone.
There is no such thing as checks and balances failing. We are the ones who elect those who are put in place to vet the processes. If we do nothing, then we have failed, right along with those elected. Yes, the President can send Donald Duck up for confirmation if he likes, but the Senate must confirm by a simple majority. IIRC, Senator Lugar voted in favor of SCJ Sotomayor, so the question is, how much is he being held accountable, or does he get a pass because he's on the "right" side of the fence?
I believe it has nothing to do with right, left, or middle. Men and women without a conscience or deference for the history and heritage of this country will act in opposition to the creed we should hold dear, if they are not held accountable. This happens because we only tell the story when it's time to get rid of the "other" guys, but the standard is lowered when those with somewhat similar ideological beliefs stray from what is right.
Blind loyalty to the two party system, rather than character; what is right and what is not will ultimately kill this country.
We need to stand for liberty, the Constitution and truth. All are in scant supply presently.