The Dems have won this round and nothing will change until the Republicans win a few more seats.
1. It takes 50 Republicans seated and 1 Democrat speaking to hold a formal filibuster. This will never happen for more than a few days and it will accomplish nothing but getting a little (and I think very little) attention from the major media.
2. It takes 100% of the Republcans to vote to change the 60% rule for judicial approval back to 50%. I don't think Frist has the 50 Republican votes that he needs.
Unless they can have Cheney as the nominal head of the Senate declare a 50% rule then the situattion is hopeless. There is no viable nuclear option.
Given all of this I still think Lott and Lott Junior (Frist) are Wimps of the First Magnitude (WFMs).
The problem is is that a filibuster of Judicial nominees is unconstitutional. There are only a FEW instances (thinking only 4) in which a super majority vote is needed (the 60%). Judicial nominee process is not one of those instances. Demonrats are using the super majority rule to block judicial nominees from making the Senate floor for an up or down vote. The judges that Bush has put up there to have a vote would get the 51 votes needed if it were to go to a vote. the problem is is that they have not made it out of committee. This is not only unconstitutional but against the law. The Senate is REQUIRED by the constitution to either give a thumbs up or down vote on judicial nominees. Demonrats are throwing childish temper tantrums as a result of losing both the house and the Senate. The public is ignorant ignorant ignorant on how their government is supposed to work. The people voted to put republicans in full charge of both houses. This gives the president the power to nominate judges to go for review for a full vote from the senate. The people WANT the judges in office as is apparent from the last election.