The Alito hearings weren't nearly as bad as I feared -- but I had expected the worst. The most disappointing point of the senators' performance was that with the exception of Arlen Specter they don't know how to ask a question.
Some barely even tried to ask questions (e.g., Biden, Kennedy). Feinstein didn't give the slightest impression that she was listening to the answers. Most of the Republicans were so toady that I was uncomfortable watching. Because of all the bad questioning, Alito, like John Roberts before him, was always in control and never under pressure. The conventional wisdom will be that Alito won big on the first day.
Asking questions is a fundamental skill that can be practiced like other performance skills. Law students are required to do a moot court argument in the appellate style. That's fine. But I wouldn't let a law student graduate without an extended exercise in asking questions, whether it be a mock deposition, trial, or client interview. It ought to be required of all law students.
The Vanguard issue was raised several times, and this blog's co-author, David McGowan, was cited by Senator Grassley. I was glad to see Alito own up to an oversight on the Vanguard case. I expect the issue to die the quiet death it deserves.