I would like nothing better than to see the Dems force a vote on the Nuclear Option. It would probably succeed but if it didn't it would force the RINOs to show us which party they actually belong to. It would keep McPain awake at night trying to decide between "doing the right thing" or voting to end the filibuster.
But in fact the Dems will count the RINO votes very carefully before they force Frist's hand. If they don't have the votes they would be crazy to let the N.O. come to the floor. Losing means they lose the right to filibuster at least until the next congress. I don't see them doing that. The next filibuster opportunity might come with a few more RINO votes so they need to keep the option available even if it won't work in the Alito case.
Oh, those RINOS: and the ones I detest are Arlen Specter, Olympia Snowe, the Collins broad and Lincoln Chaffee. Specter is a true disgrace. I wish Pat Toomey had whooped him - he could have if Bush had given him support. Lost by 1% in the primary!