Some options:
You are correct. I am no Congressional scholar nor expert, but from what I have been hearing (from Senator Rick Santorum) and reading in various places, that Senator Bill Frist and the 51 Republicans need to vote to change the Senate or "parlimentary rules". Howerver, not all 51 Republican Senators are on board to change the rules. In fact, according to Senator Santorum, there are about 12 or so who are not on board for the change.... He would not give Sean Hannity the names on the air...[no leaked memo here. Yet!]
I could make some guesses as to who these Senators are: Lincoln Chaffee, Olyimia Snowe, Susan Collins, John McCain and Arlen Specter for starters...
If Bill Frist does not have the full Republican support, then the rules stay as they are and the liberal Democraps keep on doing what they are doing and getting away with it.
The greater problem is that the hope of many Conservatives is for a pick up of many more Republican seats in the Senate next November. It would be nice to pick up half a dozen seats, but that won't make the difference if you still have the above listed liberal Republican RINOS and several more not named still in their seats. They are as good as having liberal Democrats in those seats.
It's not a "lose-lose" situation...it's just not a "win-win" one either. Six steps foward. Remain in place.
Yes
#1 The president could demand a vote. It's my understanding it's been done before.
#2 Frist could send a 'consent' letter to W, with 51+ signatures, and they could then swear listed judges in 'enmass'.
#3 W, like 'Habeas Corpus' Lincoln did, could declare a 'constitution' emergency. Have the Marines put the Democratic leadership in the federal pen, and let the party take it to the Supreme court.
We are so strong in the house that an enpeachment is very unlikly and maybe have 40 'Republican' senators to block a conviction.
We in theory have equal branches of government, but the Supreme Court and Senate fight for and exercise total power. W's oath to protect the constitution is reason enough to 'battle it out' at the highest level.
I wish Frist would have called for a 'rules' change vote. Republicans not supporting the change need be identified, they are worse than the Democrats. constitution be damned.