More Liveblogging

5:40 Recess until 5:55.

5:39 Cornyn is afraid judges won’t decide on the facts, but rather on their own charts. Cornyn’s time is up and he thanks Judge Alito for his responses to his questions.

5:37 Cornyn says that based on a review of Alito’s previous rulings, Alito is within the “conservative mainstream.” Cornyn asks if Alito decides cases based on the facts?

Alito doesn’t want judges ruling based on “scorecards.”

5:35 Cornyn notes the extent to which Congress can pass laws to prevent the barbaric practice of partial birth abortions, and thinks this is one of the reasons over the hard-fought comfirmation battles. Does Alito agree?

Alito notes that abortion is sitll being litigated, unlike Brown v. Board or one person one vote, which Alito doesn’t think will come before the Court.

5:33 Lest some people think Alito has been nonresponsive, despite the chart Cornyn used, because of Schumer’s early questioning and chart, Cornyn wants to know more about when Alito has felt freer to comment on certain issues.

5:32 Cornyn wants everyone to understand that Alito is his own man, not a clone, and does the best he can with the talents God gave him. Cornyn hopes those listening will not make up their minds based on specious comparisons.

5:30 Cornyn is quoting Cass Sunstein’s op-ed, in which Prof. Sunstein concludes that Alito does not write reckless or irreponsible dissents. He is not bombastic and is respectful of his colleagues. Sunstein says that Alito’s approach is legitimate.

5:29 Alito: says he is not a clone.

5:28 Cornyn wants to give Alito a chance to respond; Cornyn wants to know if Alito thinks he is a clone, or does he carefully consider matters for himself?

5:27 Cornyn impugns Democratic senators use of comparing Alito’s agreement with quotes from Bork and Thomas.

5:26 Still no questions. Cornyn is, however, proclaiming that Alito is a clone of no one.

5:25 Cornyn is confessing to a mistake. Accuracy and clarity are important. Cornyn is embarrassed for calling the nominee “Scalito” yesterday.

5:24 Cornyn things all the people listening across this great land will conclude Alito has been forthcoming. He applauds Alito.

5:23 Cornyn also has a blue chart. It has statistics. Alito has answered 98% of questions. On the “questions answered” front, Ginsburg only batted 80%. It’s on the chart too.

5:21 Cornyn spent one of his twenty minutes reading from this article. He says that evidence of Alito’s opponents desperation is in considering this author to testify against Alito.

5:20 Cornyn notes that a witness formerly slated to appear had written an article comparing the plight of animals to the Holocaust.

5:19 Cornyn is up. Alito’s opponents are desperate to defeat him, Cornyn says.

5:18 Alito says he cna’t answer because he doesn’t remember the organization. He would guess it lies in the nature of the form he was completing.

Alito again disavows those view: they aren’t his views, they never were, he supports the admission of women to Princeton, he joined a coeducational eating facility.

5:16 Alito deplores the statements the group has been associated with earlier in the hearing.

So why did his pick the organization? Schumer wants to know. He understands the Federalist Society, but why this one?

5:15 Schumer wonders why it appeared on a 1985 organization if he had almost no recollection of membership in the group, what with its “tawdry history.”

5:13 On to Alito’s group membership while at Princeton.

Alito thinks it unlikely he joined the group in 1972.

He doesn’t remember getting magazines from CAP.