Bench Memos

NRO’s home for judicial news and analysis.

Is It Over?


Given Judge Alito’s strong performance it is tempting to believe that the fight is over and confirmation is inevitable — I am certainly inclined to believe this myself. But it is not clear that fat lady has sung just yet. There may still be efforts to delay the confirmation vote or manufacture a scandal. Nightline is apparently planning a show on CAP, and there is little reason to believe the anti-Alito groups are ready to go down without a fight. Barring some last minute revelations or accusations, there is no obvious line of attack, but here is a possibility: Quite a few Democratic Senators asked Alito the same questions they asked then-Judge Roberts. Insofar as Alito gave slightly different answers, they may seek to paint him to Chief Justice Roberts’ right. Such a tactic may be especially likely from those Senators, like Leahy, who voted for Roberts’ confirmation. Only time will tell.


Subscribe to National Review