"Judge Alito has responded, but he has not answered," Sen. Charles Schumer (D-NY) said.

Rather than talking about what Alito has actually said - which is very little - right wing talk radio is attacking the messenger. AM radio is buzzing with talk about Schumer attacking poor Alito and Kennedy attacking poor Alito and Leahy attacking poor liitle Alito.

Alito has avoided the John Roberts refrain that he couldn't comment on something that would be likely to come before the court.

Instead, Alito keeps saying that he will keep an open mind. As Sen. Schumer asked, what judge is not going to claim to that he will keep an open mind? Maybe Harriet Miers? (OK, cheap shot)

One interesting comment Alito made was about presidential power. Alito said that even during war time, there were limits on presidential power. That's one small hopeful sign - although he did not say that he felt unauthorized domestic spying crossed the line or that it was something that warrented judicial and congressional review.