The public will witness another awkward dance between senators and a Supreme Court nominee with Samuel Alito's confirmation hearings. Understandably, the appellate judge will excuse himself from questions that could affect a case. But that still leaves plenty of room for senators to press him, where appropriate, so Americans can understand the jurist President Bush selected to replace the influential Sandra Day O'Connor. Here are five questions for the Judiciary Committee to ask:

1. Should a judge consider only a statute's precise language? Or should he also review its legislative history, such as studying committee reports?

The answer would show where the conservative stands on a big divide. Some argue judges should examine a law's text, while others contend they should likewise consider its context. John Roberts basically saw room for both approaches. If Judge Alito concurs, Americans will have a judge with relative balance. The more equilibrium, the better.

2. Please assess the current balance of powers between the government's three branches.

At the Reagan Justice Department, Judge Alito argued the attorney general should escape liability for illegal wiretaps. Critics claim this shows his executive branch bias, but his former boss says the staffer was just doing his job.

An explanation will help since the Bush administration and Congress are quarreling over executive branch powers. With the war on Islamist terror certain to occupy the U.S. government for many years to come, Supreme Court decisions that clarify or redefine executive branch powers will be landmark rulings guiding government policy for decades.

3. Sandra Day O'Connor believed government shouldn't place "an undue burden" on a woman's right to an abortion. Do you agree? If so, please provide examples of such a burden.

The nominee will try to sidestep this one, but it needs raising. Judge Alito previously favored such restrictions as requiring women to notify their husbands of an abortion. Justice O'Connor and the Supreme Court disagreed with him, so a discussion about "undue burden" will reveal whether Americans have another O'Connor. We hope so since the court is likely to hear more cases limiting abortion rights.

4. How do you define equal rights under the law?

While seeking a Reagan appointment, Judge Alito seemed to question the Supreme Court ruling that ensured minorities' voting strength couldn't be diluted by placing them in political districts dominated by white voters. The "one man, one vote" decision undergirds numerous civil rights laws. If he indeed disagrees with the concept, Americans need to understand why.

Also regarding equal rights, Judge Alito needs to explain whether he still believes what he wrote in college: that government shouldn't discriminate against gays and lesbians.

5. You have listed William Brennan as a favorite justice. Why?

Conservatives normally don't embrace Justice Brennan, the architect of various Warren court rulings. An elaboration could inform everyone about the competing tensions in Judge Alito's thinking. An eclectic mind could help the court fashion rulings that embrace America's traditions while appreciating its broad population.

Answers to these questions not only will help Americans understand Judge Alito's thinking but also will give this editorial board the information needed to help decide whether we believe he should replace Justice O'Connor.