What do you mean if?

Democrats have said repeatedly they aren't planning to filibuster Alito, although they also have refused to promise to refrain from the stalling tactic on the federal appellate judge.

The final decision will be made after the hearings, said Charles Schumer, D-N.Y., head of the Democratic Senatorial Campaign Committee and one of the senators who will question Alito.

"If he's a mainstream conservative, if he doesn't use a court to impose his views on the American people, he's likely to get approved," Schumer said. But at the same time, the senator added, "if he is out of the mainstream and will use his tremendously powerful position as Supreme Court judge to impose his views on the American people, then there's a potential for a filibuster, and no one really knows that until the hearings."