05/18/2005 06:51 pm ET Updated May 25, 2011

More from The Senate Playpen

I've talked to several senators in the last 24 hours. Several things are going on which have and haven't been reported. Reports are true that six repubs and six dems are meeting and hoping to avoid a showdown. The problem with getting to a deal is that each side would need to give up that which they have both said is non-negotiatble - ie, the ability to filibuster a Supreme Court nominee.

The White house and the Senate leadership is starting to negotiate with the BRAC Report. Why else do you think they released that report last week?! Yes, some Senators will trade the people's constitutional protections for military bases in their states. The theory being that one they are blamed for and one they are not.

Finally, a majority of the Democratic Caucus is ready to vote and lose. They are convinced that Frist will use a combination of presure and leverage to hold enough votes. And their theory goes, they can still fight on each individual judge and try and get moderate republicans to vote against an anti-choice or radical nominee. They believe that the Republicans will overreach if they win this one and that it will have a "Schiavo"-type backlash -- times ten. And plans are to try and make sure that happens.