Headed to the airport I weas listening to the news and heard that Ted Kennedy was against the confirmation of Mukasey as Attorney General because the appointee would not take a definitive position on whether waterboarding was actually torture.

Waterboarding Ted contended was a form of ‘controlled drowning’.
At least he is addressing a subject on which he has some experience.
On a more serious note, judicial confirmations should be made on qualifications and commitment to the constitution and the rule of law; not isolated litmus tests on how they would rule on cases they have not heard. Our judiciary hearings are a farce.