Senators Pitch Slow and Easy to Alito

That left Republican Sens. Hatch, Chuck Grassley (Iowa) and Jon Kyl (Ariz) to spend the morning acting as Alito's defense lawyer. Making no effort to pretend that they were uncommitted on the nomination, the three engaged in what one GOP staffer described as "rehabilitating the witness."

"Well, I have a much more positive view of you than has just been expressed," Grassley, who followed Kennedy, told Alito to kick off his round of questioning.

The questions would have seemed rhetorical if Alito hadn't answered them.

"So, Judge Alito, do you believe that the executive branch should have unchecked authority?"

"Do you understand that when constitutionally protected rights are involved, the courts have an important role to play in making sure that the executive branch does not trample those rights?"

"Do you believe that the president of the United States is above the law and the Constitution?"

"What do you think about judges allowing their own political and philosophical views to impact on any jurisprudence?"

"Do you take the position that judges have a duty to respect constitutional restraints?"

Alito's answers, for those of you keeping score at home: No, Yes, No, Against it, Yes.

But when it came to soft questioning, nobody could compete with Hatch. After his devastating grilling of Alito on the Princeton group, Hatch moved on to Alito's membership in the ROTC. "ROTC programs, sir, are an excellent opportunity for young men and women," the senator said. "You were a member of the ROTC -- is that true?"

Alito was caught. "I was, senator."

"You were a proud member of the ROTC," Hatch charged.