We don't need the RINOS.
Warner, DeWine, and Graham have all indicated that they will invoke the constitutional option if Democrats unfairly filibuster.
All we need is two from those three.
Linda Graham will punk out.
Arlen Specter wasn't in the Gang of Fourteen, was he? And yet he's pro-Wade. Republicans may have 55 senators in name, but the median senator is still pretty squishy.The Dems probably can't fillibuster Roberts, which is why he was good to put in place of Rhenquist. But O'Connor resigned "effective when her replacement is confirmed" - and as a practical matter that could easily turn out to be a non-resignation. There are 9 justices on the bench even if the Senate doesn't confirm a replacement; O'Connor hasn't made herself unavailable. It's not obvious that the median senator would vote to replace O'Connor with someone Bush - never mind conservatism_IS_compassion - would want.