One thing that must be acknowledged here is that since this position was created, but prior to it being filled, the voters have said that they want the GOP to have more say in all matters. They did this Nov 2010. The House passed 3 resolutions, listed earlier, that they wanted to negotiate. It was in full accordance with how the original HR 4173 was written, in that the Senate held a specific right to confirm. The Senate GOP told Obama they would take his guy if some changes were made. If not, then that guy was unacceptable.
Its upfront. Its not only within the Constitutionally authorized Senate rules, but its in the very bill HR-4173.