I've had my digital video recorder saving the Senate debate on judicial nominees for posterity's sake, and I continue to be flabbergasted by one of the Democrats' weak claims to legitimacy. It's something that has been has been seen elsewhere -- like this op-ed piece in Wednesday's Union-Tribune -- but has now made it to the Senate floor with Sen. Frank Lautenberg of New Jersey.

Lautenberg is on the Senate floor with a lame chart entitled "Majority or Minority?"

Republican Caucus (55 Senators): Represent 144,765,161 Americans
Democratic Caucus (45 Senators): Represent 148,336,728 Americans

Let's set aside for a moment states like South Dakota and Minnesota, which have a Senator from each party serving in the Senate. (Do they count the state's population twice, or do each of them get half of the state's population?)

Democrats are alternately complaining that Republicans are trying to take away the filibuster and are making the Senate more like the House of Representatives and that they wish Senate representatation was based on population like the House. Do Democrats really want the Constitution changed so that the House confirms nominations? Not a chance. Nope, this is another lame, disingenous "argument" that shows just how desperate and out-of-touch the Democrat Party is.

The Democrats have made this argument before, back in 2000, when Al Gore received more votes for president. Republicans wittily retorted that George W. Bush had won more counties nationwide. Democrats whined that the number of counties won was irrelevant. Republicans pointed out that ultimately so is who wins the most votes. That's way the game is played; you have to win the most states.

Again we find the Democrats attempting to play the same game -- and it's the wrong game.