Rather than risk having the votes he thinks he has evaporate in a last minute compromise, Senator Frist needs to let any potential Republican peel-off votes know in no uncertain terms that any Senator voting against the constitutional option will find it very difficult, if not impossible to pass any appropriation for his state, even for a new courthouse drinking fountain. That is possibly one of the few things that will get through to these people. Also, Senator Dole of the Republican Senatorial election committee should also make it known that re-election funds for those Senators who vote against the Constitutional option would be similarly scarce.
As a total aside, it occurred to me this morning, watching Arlen Specter that I think we can probably count on him to vote FOR the constitutional option. He won't do it out of any respect for the Constitution or out of support for these judges, however. His comments to the press indicate he would be very likely to vote with Democrats against these judges, because, in his view they represent extreme positions. Rather, he will vote for the Constitutional option simply because it makes him the most powerful man in the Senate when it comes to judges. He schedules committee meetings to vote nominees out of committee onto the floor. Therefore, he becomes the "guardian" that can assure the press and his dear Democrat friends (such as Biden, with whom he rides home on the train every evening) that no extreme nominees will get out of committee. Yes, he had to let Rogers-Brown, Owens and Pryor out, but that was just to get into the position of power.
"...Rather, he will vote for the Constitutional option simply because it makes him the most powerful man in the Senate when it comes to judges..."
Excellent analysis and interesting take on Arlen.