Right now they are taking some fairly serious damage. Biden spent the day putting the fire out that he lit on himself. Reid and Dorgan have been revealed as targets of an ongoing federal investigation with connections to Abramoff. Kennedy beat Alito down so incoherently and so viciously that Alito's wife had to leave the chamber - a fact that ended up on Drudge's site - which means the entire world knows about it.
Worse, Alito's picked the battlefield - he has both the facts and the law on his side. No idiot Senator, especially when the GOP has done such a great job defending him, is going to touch the guy.
Why invite a third day of this on yourself? How do you top yourself in terms of self-immolation?
Announce you are going to fillibuster Alito?
Good analysis. The Dems are doing themselves immense harm in an election year by their arrogant and petulant display during these hearings. Their lack of intelligence, grace, fairness, and decency is now out there for all the world to see. Many Republican campaign agencies will be referring back to these tapes to portray Democratic candidates as buffoons and fools in spot ads for Republican candidates.