Yet the battle over judicial nominees may be taking an odd detour with the nomination of Professor McConnell.

Professor McConnell is considered the least likely to engender opposition of the three because of support for him among academics across the ideological spectrum.

Professor McConnell, a psychologist, had made significant advances on the learning and memory transfer in invertebrates.

"He might well have more sympathy for the accused in cases where the issue is the procedural framework," Professor McConnell said.

Professor McConnell said it was possible that Justice Thomas would find it difficult to give a fair hearing to those groups that opposed his confirmation.

It is instead, Professor McConnell says, that expression of religion has become subordinate to secularism.

For that reason, Professor McConnell said, it would have been better for the justices to leave the issue to the Florida court.

The article, which appeared in First Things, a religious journal, was also precisely relevant to the issue about Professor McConnell that was before the committee.

Professor McConnell averred that he didn't really understand all the dynamics of abortion picketing and he might have to rethink his position.

Professor McConnell, a leading conservative scholar and supporter of restrictions on abortion, was confirmed to an appeals court seat last month.