And the Dems will have to explain WHY. Here, Alito has given the Dems their best ammunition, as he dodges questions on abortion, presidential power, C.A.P., individual rights, etc.
"This is a life-time appointment to our highest court, at a critical juncture for our nation, and Judge Alito's testimony leaves too many important questions unanswered. I will not vote to cut-off debate on this nomination until these questions are answered satisfactorily, so that the nation and its citizens understand what this appointment will mean for our country's future."
Of course, if the Repubs try to bring up past nominees who refused to answer questions and were confirmed, the Dems can say, "that was a mistake that took our country in the wrong direction, and we don't want to repeat that mistake" or the old Repub fallback for inconsistency "9/11 changed everything."
Also, conservative columnist Ruben Navarette had an interesting point. Although he apparently likes Alito, he is disturbed that he enthusiastically touted his C.A.P. membership and belief that Roe v. Wade should be overturned in his D.O.J. application. Now he attempts to brush those past statements aside as puffery used in a job application.
Trouble is, Alito is now applying for another
job, and trying to impress moderate members of
the Senate in both parties. So, given his history
of using job interviews to tell people what they
want to hear, how can we be sure now that he really
believes what he's telling us?
Dems can stand up and state "I have a hard time voting to approve a lifetime appointment to the Supreme Court for someone who in applying for the job has stated that we should not place any credence on what he says in a job application. I cannot vote to cut-off debate until Judge Alito has given us fuller answers, and until I am persuaded that those answers are sincere."