re: Frist wanted to get it out of the way before a Supreme Court nomination fight came up.
If the filibuster of judges in the Senate is ruled as constitutionally guaranteed by the courts, then expect to see the judiciary appointments grind to a halt no matter who is elected (Republican or Democrat)
The Senate is constitutionally guarranteed that it can make its own rules. The only question is: can the Republicans flip the rules back and forth in a way that is convenient to them (cf: House Ethics Committee), without taking heat from the voters?