I've been racking my brain
here and
here, trying to come up with a way out of this. I think I got something that may just work. Let me know what you think.
Dems should introduce a bill on the floor to end the filibuster. The bill would simply seek to change Senate Rule #22 (cloture.)
Of course, it's not going to pass as even some of the Repugs agree they want to keep the filibuster, and on top of that this vote will take 60 vote anyway. It will fail. But it will make Frist a clear hypocrite for trying to do something that the Senate just rejected.
Also, it gives us a chance to subvert this "up/down" phraseology that hurts us so bad right now.