According to Sen. Kyl, they had to get a judge voted out to the senate floor before they would envoke the Constitutional Option. Since she has now made it to the floor, the Constitutional Option is now a "go" if they choose to do it. Kyl said they have the votes.
Just heard on Rush - the Dims have a media dog-and-pony show scheduled for today at Georgetown University on judicial appointments. This must be why they allowed Ownes and Brown to get out of committee.