The democrats said they would fillibuster Owen. Then the Rino's came out publically and said they would not support a "ultra right wing" candidate. That was code for "pro-life".(I will look for the link)
We only have 55 Republicans, 51 are needed (assuming you get it out of committee). Would you go to battle with the likes of Snowe, Collins, Shays, Chaffee, McCain, & Voinovich to back you up.
Which of those two listed above would you think could be swayed?
McCain is pro-life - why would you include him in this group???
All you need is 50. Cheney breaks the tie.