Bayh is blowing his Presidential asperations by being obstructionistic against judges.
In all honesty while obstructionism of judges bothers me, i dont think its the sole issue that gets people unelected. Just obstructing an agenda in general (ie Daschle) gets you ejected by the voters. But keep in mind Daschle is in a very red state. Granted Bayh is in a very red state too, but he wont be running against bush. With the nuclear option passing he might just vote for bush judges since he knows they'll pass anyway. However there is also the problem of appealing to his wacko base.
One thing to keep in mind is that there is a good chunk of this country who likes the idea of obstructing bush's judges as wrong as it is.