A group of seven Democratic and seven Republican senators have reached an agreement that apparently will avoid the invocation of the nucular option that would have demolished the Senate rules and ended the use of the filibuster on judicial nominees. According to Sen. John McCain’s brief outline of the deal:
Janice Rogers Brown, Priscilla Owen, and William Pryor will get up or down votes.
William Myers and Henry Saad are not guaranteed up or down votes (i.e., no commitment from Democrats not to filibuster).
"Extraordinary circumstances" is the key for future cloture votes – if such circumstances are present, then it would presumably be permissible to filibuster a nominee. What that actually means, and who would decide whether the condition is met, is as yet unclear.
I will post a copy of the agreement as soon as I can find one.
UPDATE: The deal is here.