The other factor to consider is the impact of the 2010 elections upon the 2012 elections. If the GOP takes back the House and gains several seats in the Senate in 2010, the Senators up for reelection in 2012 are not going to do anything controversial in a lame duck session. Of the 33 Senate seats up for grabs in 2012, 19 are held by RATs, and of those 19, eight are in states that lean red. Also, both Brown and Snow are up for reelection, and while they are RINOs that cannot be trusted 98.5% of the time, they are not going to do anything in a lame duck session that their voters are going to remember in 2012.
You may be aware of this, but without saying so, you tangentially denote the fix the Dem's in the Senate are in.
I..E. those up for reelection in 12' will be in a No-mas mood with Reid for lame-duck lunacy because they know their goose will get cooked in 12' as well. Not to get foul here.. I am sorry I couldn't resist.. :-)...