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With his pasty complexion, protruding ears, receding hairline and somewhat doleful expression, Souter, 51, was as deceptive in appearance as he was unshakable under pressure. Alabama Democrat Howell Heflin called Souter a "Stealth nominee" because so little was known about his views. But other questioners commented on the variety of his experience -- as attorney general, trial judge, state supreme court justice, federal appeals court judge -- and the ample record, including 220 state supreme court opinions, that was available for scrutiny. Unlike failed nominee Robert Bork, however, Souter had left behind no trail of speeches or law-review articles that might betray a strong ideological bent.
Comparisons with the contentious Bork hearings of 1987 were inevitable. Observed a committee Democrat: "Bork came before this committee with enough votes to be nominated. Then he got people mad. David Souter hasn't made that mistake." It was clear after the first few hours of testimony that he almost certainly would not. Biden, at one point, seemed to acknowledge that confirmation was a foregone conclusion when he referred to the "eight Justices, whom you'll be joining." The chairman saw no need to qualify this declaration.