Probably some disagreement on this, but just MHO>
Kohl trying to get Alito to trash the SCOTUS' involvement in Bush v Gore as 'judicial activism'.
I sadly disagree with you. Every nominee from here on out will have to be a 'stealth' one.
I appreciate the pragmatism behind it. I just think it demonstrates a weakness. It's smart to play the hand this way, I trust. It's a case of losing a battle but winning the war, I guess.