Whether Democrats take control of the Senate (which we can guardedly say seems probable) or share power (with Cheney as the Republican tiebreaker), the nuclear option is off the table. Even if 50 Republicans are in the Senate, they won't have the political will to threaten an end to the judicial filibuster, both because threats of extremism aren't playing well with voters and because the nuclear option only made sense in the context of a permanent Republican majority. Republicans don't need the judicial filibuster during the next two years, but they'll want to have it intact if a Democrat takes the presidency in 2008. The dream of a permanent Republican government (a nightmare for the rest of the country) is gone, and with it the nuclear option.

If the Senate has 50 Democrats (grudgingly counting Lieberman as a de facto Dem voter, an assumption that remains to be tested), they can use the filibuster to save us from the worst judicial appointments during the next two years. If Democrats control the Senate, they can block judicial nominees who would move the federal judiciary even further to the right. (Republicans did this effectively during the Clinton years.) The president will have to learn that "advise and consent" doesn't mean "rubber stamp"; if he can't heed that lesson, his nominees should be consigned to oblivion. Two years from now, a better president is likely to give the Senate better choices. The country can wait, if that's what it takes to restore balance to the judiciary.

Reported now. Rumsfeld resigns.

At least he understood the message of this election if other Republicans have not.

Is TailRunner Joe the replacement? To do that he would cost the Dems the Senate. Would Joe hurt the Dems like that? Stupid question. Of course he would.

Not Joe - Bush announces . . . Bob Gates as the replacement.

Joe must be heartbroken.

Both Jon Tester and Jim Webb have won their races in Montana and Virginia but want to make sure that every vote is counted. We expect to have official results soon but can happily declare today that Democrats have taken the majority in the U.S. Senate.

More on the flip.

The complaints about suspect voting machines have become bipartisan:

In New Jersey, Republicans complained that the machines were rigged in favor of incumbent Democratic Senator Bob Menendez; in Virginia, where Democratic Senate candidate Jim Webb's name was truncated on the interface of voting machines in several counties, Democrats complained that the machines were rigged in favor of the Republicans.

It's time for a bipartisan solution: machines that are easy to use and that produce a verifiable paper trail.

Reforming the mechanics of elections will help restore voter confidence, but better voting procedures won't stop the dirty tricks:

When you win, you bask in glory. And Rahm Emanuel deserves credit for steering the Democratic House team to victory this election.

But Rahm Emanuel is no boy wonder and he made his share of blunders, most notably wasting 3 million dollars on Tammy Duckworth while not funding or underfunding Dem challengers in other closers races all over the country. Indeed, it goes to one of Emanuel's biggest problems - his supreme ego and hubris. He carefully cultivated and cared for his own image in this cycle, causing needless rancor in the Dem ranks.

And he seems intent on continuing that negative aspect of his style and actions. This statement is simply unnecessary:

In private talks before the election, Emanuel and other top Democrats told their members they cannot allow the party's liberal wing to dominate the agenda next year.

What does that mean? Does that mean Emanuel wants to ignore Iraq as he did earlier this year? Or has he learned his lesson on that? Emanuel is something to worry about for Dems. A loose cannon with some bad instincts.

Congratulations Rahm, but go sit down and be quiet for a while.

It is like nothing has happened in the past two years for Tom Friedman. The man is a stone cold fool:

The Iraq war has turned into a sucking chest wound for our country — infecting its unity at home and its standing abroad. . .

Yes, thanks for the cheerleading Tom . So what do you suggest?

Our only two options left today in Iraq are “tolerable” and “awful.” “Good” is no longer on the menu. . . . It’s time to make a final push for the tolerable, and if that fails, quit Iraq and insulate ourselves and our allies from the awful. This can’t go on.

One more FU (Friedman Unit). Sure Tom and then 6 months from now you will write the same column again. What a destructive fool. But wait Tom knows what we should do . . .

A proposal to amend the Wisconsin Constitution to ban civil unions and gay marriage passed by a 2-1 margin. The Republican-controlled legislature wanted this on the ballot to help Mark Green in his race against Gov. Jim Doyle. The strategy failed, as Doyle easily won reelection.

Right wing extremist John Gard was recruited to run for the congressional seat that Green vacated. He's exactly the kind of whacko who, in years past, has appealed to "values voters." Gard also expected a boost from the gay marriage amendment, but the folks in the Green Bay area -- known for their love of football, God, and hunting (with God and hunting vying for second place) -- chose Steve Kagen, a popular physician who happens to be a Democrat.

The cynical ploy to turn out "values voters" by allowing them to cast a gay-hating vote didn't work. They cast their anti-gay votes, then many of them voted for Democrats, who seized control of the state senate. This election was plainly not about "values" in the Karl Rove sense of the word. It was about not valuing the governance that Republicans have provided in Wisconsin and across the country in recent years.

The "recount" in Yellowstone "somehow" cost Jon Tester a 2500 vote swing but it was not enough shenanigans from the GOP to get Burns over the top or even into recount range.

With only one tiny precinct of about 500 voters in Meagher to count (what's the freaking delay on THAT?!?), Tester is in the clear

Tester 194,914
Burns 193,179

The Senate will be Democratic. Hello Majority Leader Reid.

I didn't give predictions before last night, but I'm willing to now. The Dems will take Montana and Virginia, and, who knew, the Senate.

Howard Dean gets a huge amount of credit for redirecting Democrats to a strategy that focused on every state, rather than a few key races.

Loser tonight: Karl Rove, the radical right and Republicans. I couldn't be more pleased.

Memo to John McCain: You are not the answer. 2008 is not your year. You're too late.

Here's my photos (slideshow here)...3:30 a.m. now and time for bed, more tomorrow.

Congrats to the Democrats...Virginia and Montana still teetering on the edge, but it may be a Democratic sweep after all.

And a huge thank you to CNN, Jacki Schechner, Abbi Tatton and Alex, and all the tech and camera people...

And to Tryst, which now may be my favorite coffee house anywhere...please open a Denver branch.

In Montana, I am told by good sources that a recount of Yellowstone County has been ordered.

In the middle of an election!!!

Watch out. We could be looking at a robbery attempt here.

UPDATE -- Montana will NOT recount Yellowstone until tomorrow!!!!! Watch your wallet Dems!!!! There is an attempted robbery underway!!!!

UPDATE- Strange rumor of a recount in Yellowstone County in Montana. I never heard of such a thing. A recount of a precinct before the votes are counted? Just bizarre.

Bizarre but true. The vote totals for the candidates just had the Yellowstone totals subtracted. They are recounting in the middle of a damn vote count!! Never heard of such a thing.

Claire McCaskill Wins! Webb is now up by 12,000, outside the recount total! It is up to Montana now.

Tester leads by 10,000 votes, 51-47.

I actually have good sources on that race and it looks good I am told. Yellowstone is in. Tom Brokaw got it wrong on TV so ignore that. Gallatin is what we are waiting for and then we should be able to to celebrate a Jon Tester win. Hopefully.

Pombo is losing to McNerney in CA-11. Grant has a decent chance in ID-01. We can stretch our lead in the House maybe.

Latest word on Montana - worries about Flathead. Hold on to your hats. It's close.