If the ratio is 11-9 and one of the 11 votes with the 9, we have a tie.
If the ratio is 10-8 and one of the 10 votes with the 8, we have a tie.
Except for when the Senate was split 50-50 and a special rule was agreed upon by Lott and Daschle, a tie results in NO action, i.e. the nomination does not go to the floor.
Or am I not understanding something that you understand?
A tie vote with a favorable recommendation is considered a victory to the floor.
But the larger point is that this is superfluous. We won't see close votes or tie votes, the electorate has spoken. We'll see lots of crossover votes for the President's nominees both in committee and on the floor.
What happened to Daschle and the overall election results has sent a permanent chill in RAT antics and filibusters. It's just how Washington works.
Further, this President is not gonna appoint rabid pro-life activist judges. However, he will appoint strict constructionists, including some who have proferred an article or opinion on the constitutional merits (and lack thereof) of Roe v Wade.
Conservatives should keep expectations in check. We will transform the federal judiciary by the end of Bush II, and Roe may indeed be overturned, or it might not. But our agenda is much larger than just Roe.
Gary Bauer was not elected President; George W. Bush was. Important distinction to keep in mind.