I think even if she runs hard at him, the DEMs are resigned to the up or down vote. I don't blame them for holding fire on the filibuster rhetoric until the hearings are somewhat underway. After all, they reason, the nominee may very well step on his crank.
The question is whether or not Alito thinks Lopez was correctly decided. Alito goes on though, to note that he sees the case as one of federalism, state's rights. Feinstein revisits Rybar case and will no doubt get to Alito's dissent.