For Democrats, A Most Tender Roast of Alito

Alito's answer: "Well, Senator, I have wracked my memory about this issue, and I really have no specific recollection of that organization."

The fact is that whatever passion and fight the Democrats had yesterday was poured through political politeness, a sieve of senatorial civility.

Sen. Joseph Biden, who pushed on issues of discrimination, spent the first few moments of his time trying to put Alito at ease.

"I understand, Judge, I'm the only one standing between you and lunch, so I'll try to make this painless," he told Alito. "Judge, I'd like to say a few very brief things at the outset. I'm puzzled, and I suspect you may be puzzled, by some of the questions. I don't think anybody thinks you are a man lacking in integrity. I don't think anybody thinks that you are a person who's not independent. I think that what people are wondering about and puzzled about is not whether you lack independence, but whether you independently conclude that the executive trumps the other two branches."

The heat picked up a bit as the day wore on, with Herb Kohl asking Alito about Bush v. Gore , the case that decided the 2000 election. Kohl called it a great example of judicial activism and asked Alito what he thought about it since he prides himself on his judicial restraint.

The judge said he hadn't studied the case closely.

Later, Schumer also tried to press the judge on his 1985 memo in which he said there were no constitutional grounds for a woman's right to an abortion.

The judge said he respected precedent and that if an abortion case got beyond that, then he would have to look at all the issues the way a judge does. Schumer kept at him, telling a story about a friend who, at the beginning of his marriage, told him he couldn't stand his mother-in-law. After 20 years, he asked him about it again.

"He said, 'I can't really comment.'

"What do you think I'd think?" Schumer asked, then stopped. He was brushing up against the edges of civility.