Apparently all it would take is a "Point of Order" vote.
The Filibuster is part of the Rules of the Senate. Changing Rules requires a 2/3 vote (67 Senators). But the Presiding Officer (the President of the Senate - VP Cheney) can make a ruling on a Point of Order motion. Naturally, he would rule for Frist - apparently independent of what the Rules actually say. There could be debate, but when the debate (which can't be filibustered) ends, a simple majority of the Senate decides.
Presto, a prescedent is set saying that a judicial filibuster can be broken by simple majority vote.
It's a very sneaky way to do it, but apparently this tactic has been used in the past - though never (AFAIK) on something as important as this.
[link|http://www.washingtonpost.com/wp-dyn/content/article/2005/05/23/AR2005052300777.html|More details here from the AP].
Cheers,
Scott.
