Does that mean he would vote, in a special session after the election, to reorganize the Senate if that is what it would take to get the Bush nominees considered on the Senate floor? (Of course the mere threat might be enough to persuade Leahy to let those nominations go to the floor.)
The key question is how will he vote on organizational matters. If control is stripped from Little Tommy, then the judicial appoints will come to a vote, and most will be approved. With the appointment the Senate is split 49/49/02. With one of the 2 independants being the Judas from Vermont, the other this Independent Party guy just appointed. If the new guy goes with the Republicans, then it's back to a tie, with Dick Cheney holding the tie breaking vote.