The Nomination of Samuel Alito is barely a day old, and Some democrats, notably Barbara Boxer, have already stated that the Filibuster option is back on the table.  While Boxer is a charter member of the loony loopy Luddite liberals, Schumer and Durbin have been growling as well.

This is not a question of will they try to filibuster, as only time will tell.  This is a question of should they.

Already 3 of the 7 Republican members of the gang of 14 have stated this is no time to filibuster and if they do, the Nuclear option is back on the table as well.  Those 3 represent enough votes (along with the 48 members who are not a part of the gang) to exercise the nuclear option.  And the thing about the nuclear option, is once those bullets are out of the barrel, there is no stuffing them back in.  In other words, once it is used, the filibuster is dead on Judicial nominations.  Unless a majority re-instates it (and why would a majority take power away from themselves?).

Bush's numbers are very low right now, and the democrats think they have a real chance to pick up some senate seats in 06.  If the Nuclear option is used, those votes are useless as it would still take a simple majority to confirm any Judicial nominee and Bush would still be in charge of the nominating. So if one of the liberal members of the court were to retire or die before 09, then Bush would be free to nominate another conservative, and the democrats would be powerless to stop him.

But if they do not filibuster now, then should they pick up a few seats next year, they can force Bush to nominate a moderate for the court as Bush will not have the votes for the Nuclear Option.

The math is simple and it is a gamble, but with the republicans holding all the aces right now, only a stupid person would pull the trigger (Boxer being just such a person).  Over the next 2 months, it will be played out and we will find out.  Do the democrats have any intelligence left?  Or just the rabid hatred that has driven them over the last 5 years.