The Republicans are not going to file a cloture petition or they have said they won't because that would set a bad precedent.
Since they are not filing for cloture, there is no need for the Dems to officially filibuster, stay up all night, talk til they drop etc.
To provoke a filibuster, a real one, cloture has to be filed or at least the floor leader has to try to file it, only to be stopped by the non stop talking of the minority.
Since the Republicans said they won't file for one, but would rather the Dems just agree to a vote without a cloture petition, a real filibuster is not going to happen.
Ugh, the Republicans are such fools.
I think what you are seeing is the GOP letting the RATS shoot themself in the proverbial foot.
Only the most ardent leftist would want the US Senate filibustering the nomination of a US District Court nominee while the nation is at war with terrorists, nearing war with Iraq, and suffering through a stagnant economy. If mainstream America paid enough attention to the US Senate and saw what the RATS are doing, there would be a backlash of enormous proportions similar (but on a larger scale) to the reaction to the Wellstone "memorial".
Think about it ... at a time when many soccer moms and plain folk have exhausted the supply of duct tape and plastic sheeting at their local Home Depot, do you think they want their elected officials carping on judicial nominees -- or dealing with the threats against our freedoms?
I assume the Reps are waiting untill the Dems are politically damaged by their obstruction- then call for a cloture vote when there aren't enough Dems present to block it.
The Dems would consider a "midnight vote" a partial victory [unless there is politicial damage from their obstruction]- better even than a recess appointment IMHO.