There is more than one way to "not come to the vote." Myers is out of Committee and on the Senate Calendar. The nomination can't just be handed back to the President - unless GOP leadership never brings him up. If Frist never brings up the nominee, then you betch, FRIST will have caved. But he is not part of the deal.
If debate occurs on Myers, how can the vote be prevented? Just the same way it was prevented 18 times in the 108th Congress - DEMS refuse to vote, and here we are in Filibuster City.
Am I the only one who heard Reid say last night that the Dems would fillibuster Meyers?