There are three possibilities for Democrats now, given that they lack what could have been the 60th vote for financial regulatory reform.

1. The conferees could drop the provision adding a bank tax, which caused Sen. Scott Brown (R-Massachusetts, a big banking state) to lean towards voting no.

2. They could try to switch the votes of two Democrats who currently oppose the bill-as-written, Sen. Maria Cantwell or Sen. Russ Feingold.

3. Or, they could delay the conference report until after Gov. Joe Manchin announces Sen. Byrd's successor.