According to Talkingpointsmemo, Dawn Johnsen, the nominee for the head of the Office of Legal Counsel has withdrawn her nomination for the position.
Now, it's apparent from Johnsen's statement and the WH's that simply put Dawn Johnsen couldn't get the votes for confirmation. A filibuster would have been likely, and it would have been sustained.
The White House said President Obama accepted Johnsen's withdrawal request today, adding a statement lauding her accomplishments as a "highly-respected constitutional scholar."
Johnsen, who was approved by the Senate Judiciary Committee last month, made the announcement amid a news cycle when Supreme Court Justice John Paul Stevens announced he will retire.
White House spokesman Ben LaBolt said Obama will try to find a replacement who can be swiftly confirmed.
The statements are included above. Speculation rests on the belief that she was not recess appointed, because the administration wants someone there for a full term and being recess appointed, that automatically precludes that.
Remember this could have been done a while ago. Obama could have ended it by simply not re-nominating her. He did renominate her.
Let me reiterate, according to the article, she topped out at fifty nine votes with Dick Lugar supporting her but Ben Nelson voting against her.