The Dems will not filibuster this one. They would lose. They have to save it for a year or two down the line when they have to protect a decidedly liberal seat.
O'Connor
is that seat that the Dems need. She is totally unmoored from the Constitution and from law and legislates from the bench based on her feelings and what Europeans think. When was the last time O'Connor cast a tiebreaking vote on a case important to conservatives, in favor of the conservative position?
Democrats know they cannot afford to let this one go, this is damn-the-torpedoes time for them.