Wait until after the Presidential Election is over. If Obama wins, he won't have anything to lose by implementing an executive order (along the lines of what Roxana Bacon memo suggested). He doesn't have to worry about a third term. Obama has a good chance of winning a second term. But the chances of another democratic super majority in 2012 is bleak at best.

A post election Executive Order is the best possible scenario. Perhaps the only possible scenario for this decade.