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Conservatives such as Sen. Jeff Sessions (R-Ala.), a Judiciary Committee member, have no complaints. "I don't have any concerns about them whatsoever," Sessions said of Alito and Roberts.
Like other Republicans and many Democrats, Specter grilled the nominees on their approach to precedent, often as a way to discern their thoughts on Roe v. Wade, the 1973 Supreme Court ruling establishing abortion rights.
And Specter repeatedly sought assurances that Roberts and Alito would respect what the senator considered settled law.
Roberts said there would be instances that called for a reconsideration of prior decisions. But, he added, "I do think that it is a jolt to the legal system when you overrule a precedent. Precedent plays an important role in promoting stability and evenhandedness."
Alito called stare decisis "a very important doctrine," although it was not an "inexorable command."
"I agree that, in every case in which there is a prior precedent, the first issue is the issue of stare decisis," Alito said. "And the presumption is that the court will follow its prior precedents. There needs to be a special justification for overruling a prior precedent."
Before voting to confirm Roberts and Alito, Specter cited their statements on precedent as reason enough to put them on the high court.
Sen. Joseph I. Lieberman (I-Conn.) said at the time that he, too, found Roberts' statements "reassuring" and voted to confirm him. He voted against Alito.
"Oh, sure," Lieberman said Tuesday when asked whether he is concerned about the court's treatment of precedent. "I am interested in what Arlen has to say."
Sen. Dianne Feinstein (D-Calif.) said the testimony from Roberts and Alito was misleading in light of their rulings.
"I very much got the idea, the strong chain of reasoning, that they had great respect for stare decisis and they didn't want to be activist judges," said Feinstein, who voted against both nominees. "As you know, some of these latest cases have pretty much shattered precedent."
A review could put "judges on notice that they can't come in front of the Judiciary Committee, say one thing and leave one impression, and then go out and do another," she added.
Specter, who said he will do the review when he "gets a spare moment," would not go as far as Feinstein on whether he feels misled.
"Don't put words in my mouth," Specter said.
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