The Senate has always had the power to amend its rules. The filibuster is purely a concoction of the Senate. It has no constitutional basis.
Unless the Senate rules require a supermajority to amend (and they might--I don't know), then the Republicans should simply vote that filibusters do not apply to nominations.
Talent's scenario would work also.
11 posted on 05/06/2003 3:54:05 PM PDT by Dog Gone