Wah, wah, wah

Frist, left out of the party, throws a little tantrum:

Monday night’s bipartisan deal prevented a vote on Frist’s proposal, as seven GOP senators promised to vote against it.

“The [nuclear] option will be used if… mindless, irresponsible filibusters become the tool of choice for the Democrats,” Frist told reporters.

Frist, of course, can call the vote, but, according to the memo the band of sixteen signed, it would be a futile exercise. From the agreement:

In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

So it'd be a nonstarter for Frist.