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If I understand the 'rules' correctly, we aren't in an ACTUAL filibuster yet. What we have at the moment is an 'open debate', which is why you see the Senate conducting other business, switching off between the Dems and the Republicans, recessing, and going home at night. A true filibuster would involve one party speaking continuously and refusing to yield the floor to the other party.

Every time....and it has to be up to 10 times now...Frist calls for a vote on the nomination, the Dems object (essentially saying they want more debate).

Now....Frist can call for cloture (close off the debate).

In order to do this the following must happen:

1. Wait two days after a filibuster begins.

2. Obtain sixteen signatures on a motion to invoke cloture.

3. Wait another two days before the Senate can vote on cloture.

4. Make sure that three-fifths of the Senate (sixty Senators) vote to end debate.

5. Endure an additional thirty hours of debate before the final roll call vote on cloture.

It's those pesky 60 votes we are seeking at this point.