Emotions run high in Alito hearing’s 3rd day

Other Democrat concerns
Leahy listed several concerns, among them Alito’s comments on the principle of one-man, one-vote and his inability to recall details about his membership in the Princeton alumni organization.

Democrats also voiced concern about Alito’s answers concerning whether he told the 3rd U.S. Circuit Court of Appeals that he should not be hearing cases involving investment company Vanguard. He holds six-figure investments with Vanguard.

Alito promised the Judiciary Committee at his 1990 confirmation hearing as an appellate judge that he would remove himself from cases that present a conflict of interest. He said his participation in a 2002 Vanguard case was an oversight, although he also said he didn’t do anything wrong. The American Bar Association and his supporters have accepted that explanation.

Sen. Russ Feingold, D-Wis., pressed Alito on whether he had told the 3rd U.S. Circuit Court of Appeals that he should not be hearing cases involving the Vanguard investment company.

“So you don’t recall whether you notified them or not?” Feingold asked.

“I do not. No,” Alito said.

Vanguard recusal
Sen. Kennedy suggested that Alito had added another interpretation as to why he did not recuse himself in the Vanguard case. At issue was whether Alito would avoid any conflict of interest during an “initial period of service” as a judge.

Kennedy pressed him on whether that amounted to three years, or five years. Alito’s participation in the case occurred 12 years into his service.

Alito said he has tried to go beyond the code of ethics, and he maintained that his failure to recuse himself from the case was an oversight.

Replacing a swing vote
Alito would replace O’Connor, the swing vote on issues such as abortion, affirmative action and the death penalty during her 25 years on the court.

Republicans complained that Democrats had already made up their minds about Alito.

“I do think that there are those who have already decided to vote against your nomination and are looking for some reason to do so,” said Sen. John Cornyn, R-Texas. “And I think one of the reasons that they may claim is that you’ve been nonresponsive.” Cornyn said he saw nothing to derail Alito’s confirmation.

Democrats sought to elicit Alito’s personal views on a wide range of issues, from executive authority to Supreme Court decisions on terrorism cases during wartime. The judge often sidestepped such questions and instead provided chapter-and-verse of what the justices had written or else cited constitutional law.

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