There are lots of things that might still work including the Constitutional Option and recess appointments. So many people are throwing in the towel when these battles are a long ways from being over.
I agree. If Dems threaten to fillibuster Supreme Court appointment, Bush should threaten to give recess appointment to Robert Bork and make similar in your face appointments until Dems relent. Only problem there is if we lose Presidency in 2008, then Dem would get to replace the recess appointed judges.
I'm not a Dem, I don't rally around LOSERS!