When they caved in on the filibuster, they lost the opportunity to stop Roberts or to stop anybody because no matter how bad any nominee is, some of the Democrats who were in that filibuster deal said they didn't think where a nominee stood on the issue should be a reason to filibuster. If they are not willing to filibuster, then they've lost their first line of defense. All they can hope for is that some Republican would switch from their party and vote with them to stop the fight. Mary Berry