senator layhay has spoken forcely and eloquently to this problem and his concerns are certainly actively expressed by the democratic leadership. i have noticed in the recent months in the course of my members is that this concern is spreading and it is by no means on one side of the aisles. republicans as well as democrats increasingly know some privately, some publicly that we are witnessing something profoundly troubling. now, it is true as many have point out that there are institutionally on the confirmations. the senate rules for all practical purposes permit a single senator to freeze the process for a particular nominee. and a particular nomination. we are all familiar with the lament about the procedural tools that are available to accomplish delay or the means by which delay becomes the functional equivalent of fatal opposition. these are all-important points in a discussion in the confirmation process but they are significant largely as expressions of the problem not as primary source. the problem as i see it once more subtle and more profound. it is the very climate enveloping