Updated

It is quite rare for Sen. Ben Nelson (D-NE) to oppose cloture on a nominee, but he is on Craig Becker, the union lawyer up for nomination for the National Labor Relations Board (NLRB.)  As Nelson is fond of saying, he has been a chief executive (former governor) - and he likes for an executive to get a fair shot at his nominations. No need for a filibuster most of the time - except in "extraordinary circumstances."

That does take some of the ooomph out of Scott Brown's vote.

Unclear if Democrats can muster 60 votes to shut down the filibuster. This makes it quite hard.

Cloture is still scheduled for 5pm tomorrow (Tuesday) night.