retained the power to filibuster a judicial nominee in only an "extraordinary circumstance." It ensured that the appellate court nominees ( Janice Rogers Brown , Priscilla Owen and William Pryor ) would receive votes by the full Senate. Byrd opposed the Flag Desecration Amendment , saying that, while he wanted to protect the American flag , he believed that amending the Constitution "is not the most expeditious way to protect this revered symbol of our Republic." As an alternative, Byrd cosponsored the Flag Protection Act of 2005 (S. 1370), a bill to prohibit destruction or desecration of the flag by anyone trying to incite violence or causing a breach of the peace, or who steals, damages, or destroys a flag on federal property, whether owned by the federal government or a private group or individual—can be imprisoned, fined or both. The bill did not pass. In 2009, Byrd was one of three Democrats to oppose the confirmation of Secretary of the Treasury Timothy Geithner . [ 72 ] After missing nearly two months while in hospital, Byrd returned to the Senate floor on July 21 to vote against the elimination of funding for the F-22 fighter plane. [ 73 ] Byrd received a 65-percent vote rating from the League of Conservation Voters for his support of environmentally friendly legislation. [ 74 ] Additionally, he received a "liberal" rating of 65.5 percent by the National Journal —higher than six other Democratic senators. [ 75 ] On January 20, 2009, Senator Ted