First, can Roberts explain his views on the most controversial issues in a way that does not cause Democratic Senators to oppose him? Roberts has expressed, in memos and briefs he signed, many of the same views that caused Robert Bork to be rejected in 1987. Roberts has questioned constitutional protection for a right to privacy, urged the overruling of Roe v. Wade, and argued that there is no constitutional protection against gender discrimination. How will Roberts explain these views to the Democratic Senators? Can Roberts point to anything in his record that he won't be the fifth vote to overturn abortion, to eliminate affirmative action, to dramatically change the law to allow more aid to religion?

Second, will Roberts' answers leave the Democrats with the sense that they have no idea what he stands for and thus will try and oppose him on that basis? Roberts' supporters have tried to argue that his memos from the early 1980s were too long ago to be relevant in assessing him now, that the briefs he signed as Deputy Solicitor General are irrelevant because he was serving a client, that the memos he wrote in the Solicitor General's office must remain secret, and that he should not state his views on key issues during the hearings. But if Roberts takes these positions, Democrats likely will say that they cannot confirm him because Roberts and the White House have closed off all avenues of information.

Third, what will the more moderate Senators on the committee do? For example, what will Senators Biden and Feinstein do? Senators Biden and Feinstein are generally more moderate than Senators Kennedy, Leahy, and Schumer. How Biden and Feinstein question Roberts, and the statements they make, may give the clearest signal as to whether Roberts path will be rocky. Feinstein, in particular, is likely to be concerned about Roberts record on reproductive choice, gender equality, and separation of church and state. Significant opposition by the more moderate Democrats could spell a hard fight over Roberts.