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Questions About Alito's Failures to Recuse

By TChris, Section Sam Alito
Posted on Thu Nov 10, 2005 at 08:52:08 AM EST
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by TChris

Two articles today raise questions that Judge Alito must address at his confirmation hearing. This Boston Globe article reports that Alito failed to recuse himself from a case in which his sister’s law firm represented a party.

In a written response to questions from the US Senate during his 1990 confirmation hearings to be an appeals judge, Samuel Alito promised: "I would disqualify myself from any case involving my sister's law firm, Carpenter, Bennett & Morrissey of Newark, New Jersey."

Rosemary Alito left the Carpenter firm in 1994, when she joined McCarter & English. That firm represented a bank seeking a rehearing before the Third Circuit. Court records indicate that Judge Alito didn’t recuse himself, but voted to deny the rehearing. Judge Alito says he doesn’t remember the case.

This article reports that Judge Alito failed to disqualify himself from a case involving Vanguard, a mutual fund company that managed Alito’s investments. The case involved a woman’s claim that Vanguard refused to give her funds that belonged to her deceased husband. Judge Alito removed himself from the case only after the woman complained, causing the appeal to be reheard.

The eight Democrats on the Judiciary Committee sent a letter to the Third Circuit’s chief judge, Anthony Scirica, seeking more information about Alito’s participation in the case.

The letter asked for documents relating to the Vanguard case, including records of "any communication between Judge Alito and you, any other member of the court, or the court's staff" discussing a promise by Judge Alito in 1990, made in a Senate questionnaire submitted as part of his appeals court confirmation, to recuse himself from matters involving Vanguard.

In a third incident, Alito considered a case that involved Smith Barney, another brokerage firm that managed some of Alito's investments.

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    Questions About Alito's Failures to Recuse | 5 comments (5 topical)
    Re: Questions About Alito's Failures to Recuse (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:57 PM EST
    Judge Alito says he doesn’t remember the case.
    Just like Justice Thomas, who couldn't recall discussing Roe Vs. Wade with anyone, though the decision came down a year or so before he graduated law school. Believe either one of those, and I'd love to talk to you about a bridge I want to sell in Brooklyn.

    Re: Questions About Alito's Failures to Recuse (none / 0) (#2)
    by Slado on Sat Dec 17, 2005 at 01:05:57 PM EST
    3 weeks to dig up dirt on this guy and this is the best they can do? 65-35 for Alito. He'll be a judge by the State of the Union. Since this week is the grand week of making predictions that's mine.

    Re: Questions About Alito's Failures to Recuse (none / 0) (#3)
    by Sailor on Sat Dec 17, 2005 at 01:05:58 PM EST
    Alito said on Thursday that in filling out a questionnaire from the Judiciary Committee in 1990, "I had been unduly restrictive" in explaining how he would handle potential conflicts of interest during his "initial service."
    In 3 out of 4 cases alito specifically mentioned in his senate form he wouldn't judge, he ended up judging. And I'm sure he just forgot he had almost a million dollars in a company he specifically mentioned in his senate form and then ruled FOR!. Uhh, isn't lying to the senate a crime?

    Re: Questions About Alito's Failures to Recuse (none / 0) (#4)
    by squeaky on Sat Dec 17, 2005 at 01:05:58 PM EST
    Uhh, isn't lying to the senate a crime?
    They are going to vote on that soon. It should work out along the same lines as Lindsay Graham's amendment that just passed 49 to 42 recent ammendment. Gosh it must be fun to make sh*t up as needed. Lieberman is a gonner.

    Re: Questions About Alito's Failures to Recuse (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:58 PM EST
    Uhh, isn't lying to the senate a crime?
    Not if your a MLB player who uses steroids. Don't know the standard for a potential (and quite probabal) Justice.

    Questions About Alito's Failures to Recuse | 5 comments (5 topical)