Nothing in the Constitution about a Judiciary Committee. It's a Senate rule, which can be changed by a majority vote. I know, won't happen, but one can dream!
Better would be for Frist to adjourn the Senate and then have President Bush recess-appoint Alito. He can the reconvene the Senate whenever there is legislation to be considered, otherwise it will stand adjourned. There is no debate on a motion to adjourn.
the reps aren't going to pull what the dems just did