The two have set a high standard that the department intends to maintain. The investigation continues vigorously.

Perhaps the 2005 filibuster wars depleted interest group war chests in advance of the recent nomination battles. Whatever the reason, the air wars in the federal confirmation process were tame compared with recent advertising in state Supreme Court elections, where interest groups spent more than $7 million in 2004.

After lagging behind their foes all summer and fall, liberals are turning up the heat and conservatives are unlikely to cede them the field as the confirmation hearings approach.

There's a signaling going on with this spending. Democrats who are on the margin might feel more free to support Judge Roberts this time, particularly if they feel they might oppose the next nominee.