Matt's right…

…it really comes down to this…

Democrats are not co-equal partners in running the government, and they have no obligation to try to reach compromises or accommodations with the people who, at the moment, have all the power and, therefore, all the responsibility. Instead, their duty is simply to make it clear where they stand -- say what kind of justice they would like to see, explain why Roberts is not that justice, vote "no," and hope to gain some measure of political power before too many more bad things happen.

No heroic efforts reqiured, just vote no and get on about the business of ending the war, hanging Rove by his heels, winning some elections and such like...