He's just beat. He can't be chastened. Frist is okay with the way things are unfolding, as long as the vote goes ahead in relatively timely fashion, he won't prevent DEM posturing for their constituencies.
John Kerry explains his faux filibuster strategy (to the tune of Carole King's "It's Too Late"):
Stayed in Switzerland all morning just to pass the time
I'm hiding out here
there can be no denying
Left-wing interest groups are raging
And we Democrats can't stop lying
And it's too late baby, now it's too late
Our smears of Alito just didn't make it
The filibuster option has died this time
But that doesn't mean I can't fake it
It used to be so easy pandering to NARAL and gays
No Rush, No 'net, no FOX News
Those were definitely better days
But we've lost our media monopoly
Our power to "bork" has gone away
And it's too late baby, now it's too late
Our smears of Alito just didn't make it
The filibuster option has died this time
But that doesn't mean I can't fake it
Moonbats will love me when I run in 08
Abortionists and pornographers
will finance me at top rate
Alito's kicking our asses
But my faux filibuster will still rate
And it's too late baby, now it's too late
Our smears of Alito just didn't make it
The filibuster option has died this time
But that doesn't mean I can't fake it