[Howlin]

the Dems have 41 votes for a filibuster

Says who?

[oceanview]

41 for the fillibuster, they could hold that - if they knew the republicans weren't going to hold 50 for the nuclear option, the Dems could hold all of theirs except for Nelson, maybe 1 other. if they saw that the Rs could not hold 50 for the rules change, the Dems would rally around that and hold 41, I am sure of it.