51 50

Before I went to sleep last night I had counted 51 Senators against the nuclear option:

So I get there with McCain, Chafee, Snowe, Warner (so says Hugh, anyway), and Hagel and Specter, provided they actually believe in upholding minority rights like they say they do and don't crave to Republican pressure.

Today, Hagel proves to be a non believer:

"I believe that all of the president's nominees deserve an up or down vote," Hagel said, quoted by spokesman Mike Buttry. "The agreement that has been proposed calls for three of the president's nominees not to get a vote. I could not agree to that. That is unfair and it's not right."

Which contrasts with what he said eleven days ago:

"But you can't give up a minority rights tool in the interest of the country, like the filibuster," he said.

So we are back to fifty, unless someone else caves to the pressure of the right.

Stay tuned.

*UPDATE* All is not lost. The Carpetbagger skeptically points to a New York Post article in which a GOP aide says Frist doesn't have the votes to detonate and points out that Frist may be in over his head on this one:

If Frist brings the nuclear option to the floor and fails, his ability to lead is effectively over. He’ll have taken on the biggest risk for a Senate Majority Leader in recent history and, despite 55 Republican lawmakers in his caucus and the enthusiastic rabid support of the party base, Frist will have failed spectacularly. He’s already a lame-duck leader, but if the nuclear-option strategy falls apart, Frist may have to give up his leadership post.

I would go further and state that is Frist does succeed, his ability to lead will be limited as well. While it would show he can control the motley crowd that is the GOP, the Democrats have stated publicly they have no problems tying up the Senate with their own agenda. The Senate would produce little or no new legislation, and Frist is at the head of a rudderless ship. Is that what he wants to sell to the public as he runs for head of the land?