Well, It's another case of the Dem's grabbing at straws instead of looking for lifeboats. Kennedy's carping on CAP made him look even more stupid that he came across in 'Roberts' and now, all the Dems seem to want is to delay the vote until after Dubya's State of the Union. Maybe they hope for an earthquake jarring open a 'closet' somewhere. The sole criticism remaining is that Alito seems to 'defer to the Executive too much'. Maybe the key to that is the actual NAMES of the Government branches?!!! It's called the 'Executive' for a reason, dummies! As in "to execute!" or "put into action"! While the framers put in safeguards against a 'monarchistic' system, they realized that ONE branch had to have the latitude to actually DO SOMETHING, rather than debate about it. Of course such an idea has become foreign to the Dem concepts of governance. To them, talking about something IS 'action taken'! All you have to do is read Madam Albright's comments on the Clinton Administration's foreign policy to understand that.