Robert Byrd? Did anyone tell him he's supporting Alito?
If true, that makes 58 Yea. 3 more to be fillibuster-proof.
Which doesn't mean that some of the Dems running for 2008 won't try something. They'll call it a "non-sustainable" fillibuster just so that they can throw a bone to their moonbat voters. Watch DUmmies brag about the "non-sustainable" fillibuster as being their "alternate win".
The Dem caucas is likely going through senate race polling #s to see which red-state donkeys can give the Yea votes. There will be at least 60 Yeas simply because then the Dems can say to their kook base that the votes simply weren't there to sustain a filibuster.
It's so transparent.
2 more. Cloture passes with a 3/5th affirmative. It takes 41 votes to defeat the motion.
2 more to be filibuster proof.