Hatch expects the truce is tenuous, at best, and that it could come unraveled over the nominations of Brett Cavanaugh and William J. Haynes II, who are not covered by the truce. And if not at that time, then probably when a new Supreme Court justice is nominated, something expected later this summer.

"I hope it does come to a head, but I'd rather the Supreme Court nomination not be the one" when it does, he said.

Sen. Bob Bennett, R-Utah called the agreement "a good thing, for the moment" because it maintains the ability of the majority leader to use the nuclear option at any point "if he decides the Democrats are not acting in good faith, and at the same time, eliminates the filibuster threat for some of the current nominees.

"The opportunity to use the constitutional option at some future point is still very much on the table," Bennett said. "For now, at least, we have a degree of resolution that allows judges to get an up or down vote. That clearly is a good thing."

Hatch said there is "no question" the seven moderate Republicans who broke ranks with Frist and forged the deal with seven moderate Democrats will vote for the nuclear option if Democrats return to their filibustering ways.

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E-mail: spang@desnews.com