Forget litigation; the courts won't touch the internal Rules of the House or Senate. Forget amending the filibuster Rule; that requires a 2/3rds vote of the Senators present.
Instead, raise a Point of Order on the Senate floor that the filibuster Rule violates the Constitution when applied to judicial nominess, and ask for a ruling from the Chair that it cannot so apply. The Chair (Dick Cheney) accepts the Point and rules against the filibuster. At that point, the ruling of the Chair applies unless a simple majority votes to reverse it.
Since the Democrats under Li'l Tommy Daschle cannot muster a majority, that is game, set and match. Estrada and Owen get confirmed, the filibuster no longer applies to ANY judicial nominees.
That should make it clear.
Congressman Billybob