1. Confirmation Hearing on the Nomination of Samuel A. Alito, Jr., to be an Associate Justice of the Supreme Court: Hearing before the Committee on the Judiciary United States Senate (hereafter, “Alito Hearings”), 109th Cong., 2nd Sess., 2006, 432.
2. Ibid. at 434.
3. For a brief sketch of how several recent nominees have handled questions about abortion, see Benjamin Wittes, Confirmation Wars: Preserving Independent Courts in Angry Times (Lanham: Rowman & Littlefield, 2006), 95–100.
4. As a result of first-rate scholarship by historians, law professors, and political scientists, we know a great deal about how the nomination and confirmation processes work. Leading books in this genre include Henry J. Abraham, Justices, Presidents, and Senators: A History of U.S. Supreme Court Appointments from Washington to Clinton (Lanham: Rowman & Littlefield, 1999); Michael Comiskey, Seeking Justices: The Judging of Supreme Court Nominees (Lawrence: University Press of Kansas, 2004); Lee Epstein and Jeffrey A. Segal, Advice and Consent: The Politics of Supreme Court Appointments (New York: Oxford University