Between the comments of the republican moderates as posted here and these comments a filibuster is out.

The possibility of a Democratic filibuster against Supreme Court nominee John Roberts in the Republican-controlled Senate seemed to all but disappear Wednesday.

One influential Democrat said Roberts was “in the ballpark” of being a nonconfrontational selection. A Democrat on the Senate Judiciary Committee, which will hold hearings on Roberts’ nomination, said she did not think the appeals court judge was “filibuster-able.”
…
“Do I believe this is a filibuster-able nominee? The answer would be no, not at this time I don’t,” said Sen. Dianne Feinstein (news, bio, voting record), D-Calif., a strong abortion-rights supporter and a committee member.

Now the democrats have a decision: play to their mindless base and pretend to disparage a good man or be examples to the moderate middle of statesmen.

Depending on which way they go depends on how many senate seats dems lose in 2006

UPDATE:

Seems Pat at Brainsters agrees, the Roberts nomination is over except for the voting – and how lame the democrats want to act to appease their base before they fail again.