Losers that didn't defeat the filibusters are all speaking from a position of personal failure.
Until the filibusters are defeated, we could elect Jim Robinson President and McCain, Graham et. al. would get to define whether his nomination of you or I presents an extraordinary circumstance justifying a filibuster which keeps the Senate from doing its job of debating and voting.
Attacking the filibusters means attacking the Gang of 7 Republicans, listed in my tag line, for giving the filibusters credibility with their deal. Note in particular that Reid immediately attempted to claim that their deal meant the filibusters were constitutional. They obviously aren't, and I don't think the current SCOTUS would disagree with me. There are people who can't be considered moderates all over that court, from Ginsberg, Stevens and Souter all the way to Scalia and Thomas.
So your point I suppose is that having lost the fillibuster argument (for the moment) we should just shut up on the other things that beg to be addressed? Come on, you can do better than that. If Miers is anything better than "Whadda Gal" lets see it. I'm willing to be wrong and willing to be convinced that she is the best thing since sliced Scalia...just show me the record that proves it.