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Democrats scrutinize Alito in Vanguard case
Reuters
By Joanne Kenen
November 9, 2005

WASHINGTON (Reuters) - Senate Democrats on Wednesday stepped up their scrutiny of Supreme Court nominee Samuel Alito's role in a 2002 case that they say could pose a possible conflict of interest.

When Alito became a federal appeals court judge in 1990, he promised to recuse himself from cases involving Vanguard mutual funds, because he had personal investments through the company. Yet he participated in a case decided in 2002 involving Vanguard.

Several Democrats have said they are troubled by this, though it is not clear whether it will emerge as a major issue in Alito's confirmation process.

Sen. Kent Conrad, a North Dakota Democrat who met with Alito on Wednesday, said he shared his colleague's concerns about Vanguard, but his overall impression of Alito was favorable and he was unlikely to support any bid to kill the nomination.

Alito's nomination is particularly controversial as he is more conservative than retiring Justice Sandra Day O'Connor whom he would replace on the bench.

"Clearly he is conservative," said Conrad, adding that he did not view Alito as an ideologue who was "outside the mainstream of American jurisprudence."

The eight Democrats on the Senate Judiciary Committee, which will start Alito's confirmation hearings on January 9, wrote to Chief Judge Anthony Scirica of the Third Circuit federal appeals court where Alito served for 15 years, seeking a detailed account of his role in the Vanguard case.

The letter requests information about a computerized system designed to alert judges to any potential conflicts. Alito has told several senators that a glitch in the court's computer system was part of the problem.

Asked about the case, White House spokeswoman Dana Perino said Alito has "no financial stake ... and therefore was not required to recuse himself." Some independent legal experts have voiced similar opinions.

New York Democratic Sen. Charles Schumer, a leading opponent of some of President George W. Bush's nominees to federal courts, said he had not yet reached a conclusion about Vanguard. "I just want to check out a few things," he said.

In recent conversations with senators, Alito has stressed his respect for precedent -- which some abortion rights supporters have seen as a sign that he might not overturn the landmark 1973 Roe v. Wade abortion rights ruling. Alito has strong support from anti-abortion conservatives in the Senate.

Conrad said he discussed Alito's Roman Catholicism with the judge, but they did not talk specifically about abortion.

"He has never felt there was a conflict between his own moral precepts and the precepts of his church and his role as a judge," Conrad said.

© Reuters 2005. All Rights Reserved.

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