A filibuster can still happen. Do not get complacent. I don't think you quite understand how it works. It's still unlikely but possible.
It takes 40 votes to uphold a filibuster. Should the Dems try to do so, Frist will call for a vote to say that a filibuster of a Judicial nominee is unconstitutional. That would need only 51 votes to pass. No Republicans of the "Gang of Seven," save possibly Chafee or Collins, would vote to do so. With at least Ben Nelson's support, there are simply not enough votes to defeat the nuke option.