That's why I pointed out the "de facto" aspect of judicial confirmation. The Senate can put into existence any rules it wants to, but not if it causes a fundamental change in the actual number needed for confirmation, which the judicial filibuster clearly has. Any such rule can, and should, be ruled out of order by the chair, because it effectively amends the Constitutional requirement without an actual amendment passing.
Your point about breaking cloture is only partially correct, I believe. I may be mistaken here, but I believe all that is needed is for the Senate Majority leader to appeal to the chair (Dick Cheney) to rule the judicial filibuster out of order with regard to Senate rules, and that kicks in the rule where each cloture vote results in a diminishing majority needed to invoke cloture (57, then 54, then 51).
The question, IMHO, is not whether or not they can do it - they can. They have the votes.
The question is the 'Rat response. They threatened to completely shut down the Senate in the last Congress. Now, with a good hearty electoral splash of reality, including Tiny Tom enjoying retirement, you have to wonder how quick they will be to continue that threat.
Then I go back to my original question. If the nuke option is really an option why wait until 2004 to use it?