I'm not sure if I understand. What happens when they go on record?
Right now, under their deal, the RINOS go on record as FOR the minority nominees.
If the filibuster continues on the Brown nomination or Owen nomination, the RINOs have to vote to back the rules change or face the fact that they voted AGAINST minority nominees in elections. And the Rats lose their p.r. opportunity to claim the filibuster is about stopping racist Whitey nominees later.
FRIST SHOULD CALL THE VOTE TO REMOVE THE FILIBUSTER.
Force the sell outs to actually have to vote against the republican picks by voting against the removal of the filibuster.
The RINOs will cave...or pay hell come election day.