Senate Democrats point to number of filibusters, but the real key is confirmation rates and Obama was doing much better than Bush
The figure is from the NY Times (click figure to make it larger). As I noted in my op-ed in today's New York Post:
Nor do the confirmation rates bare out Obama’s concerns. Of all his circuit court nominations during his first term, the vast majority, 85 percent, have now been confirmed. Bush got only 72 percent of his nominees confirmed. In fact, a couple of the openings on the DC Circuit court are only available because Democrats refused to confirm Bush’s nominees. . . .Indeed, my book "Dumbing Down the Courts" shows that you have to go back to the Reagan administration to find an administration with as high a confirmation rate for Circuit court nominees as Obama.