According to Chris Bowers at mydd.com, there is a potential compromise being floated to avoid the Senate filibuster rule being eliminated by the Republicans followed by complete retaliatory gridlock by the Democrats. Yesterday, Senator Joseph Biden said "We will let a number of [the seven previously rejected judicial nominees] go through, the two most extreme not go through and put off this [rule-change] vote."
But as Chris points out, Frist would have pulled the trigger on the nuclear option already, but the Senate Majority Leader doesn't have the votes: All 44 Democrats are opposed, independent (and retiring) James Jeffords of VT is opposed, and there are 9 wavering Republicans: Chafee, Collins, Graham, Hagel, Lugar, McCain, Smith, Snow and Warner. Of these 9, four are already most likely opposed to eliminating the filibuster and thus whether it happens or not depends on Minority Reid getting the votes of just two of the remaining five undecideds: Graham (SC), Hagel (NB), Lugar (IN), Smith (OR) and Warner (VA). Many of whom have already expressed caution about removing a potent delaying tactic from the arsenal of the senate minority. Lugar and Smith are considered moderates and Hagel and Graham are considered mavericks. Warner, Hagel, and Lugar have all been in the Senate when they were in the minority and thus understand the important of the filibuster.
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