Two weeks ago, I posted that there appeared to be at least 50 votes for ending filibusters against judges–the so-called “constitutional” or “nuclear” option.

The votes aren’t there any more.

The vote count was based on private communications, not public commitments, and some of the senators have shifted. The fallout from the Schiavo intervention and from Tom DeLay’s remarks about judges have contributed to the shift, and so has the disagreement among Republicans about what the “constitutional option” should entail.