Also, many Bork opponents concede his intelligence and competence and will thus have to contest the nomination on philosophical grounds.
And a White House official acknowledged that attacking Bork opponents could cause that problem.
In his testimony Mr. Burger denounced what he called "a campaign of disinformation" by some Bork opponents.
Indeed, Scalia, he contends, "has become precisely what the Bork opponents thought Bork would be."
In the view of Bork opponents, these lawmakers might fear the political consequences of supporting the judge.
"I don't know him," said Senator Bob Packwood, an Oregon Republican who was an important Bork opponent.
Distortions aside, the politicization of the confirmation process by Bork opponents was spurred by the highly political nature of the nomination itself.
While Mr. D'Amato's public neutrality on the Bork nomination pleased some Bork opponents, it angered others.
But Bork opponents reject suggestions that concerns about overly politicizing the confirmation process make it somehow inappropriate to oppose this nomination on ideological grounds.
But the Bork opponents are taking no chances.