Sunday, November 06, 2005

Alito's Vangard Conflict

Editor & Publisher is on the Vangard conflict of interest story. read about it through the above link.

2 Thoughts:

Blogger Doug said...

The Globe story.

Sunday, November 06, 2005 4:41:00 PM  
Blogger Doug said...

I guess that Alito is trying to argue that his $x00,000 worth of investment is a pittance when compared to the "$600m" Vanguard has, so that even though he wrote that he'd recuse himself from any Vanguard-related case in 1990, and even though Vanguard is a fund-shareholder-owned company, according to this article, the difference in the order of magnitude makes the conflict of interest charge silly.

I don't think it's so silly. Even if you grant the order-of-magnitude argument, the fact remains that Alito himself promised to recuse. He did not, and it's hard to imagine he'd miss the "Vanguards" all over the documents.

Not good.

Of course, Roberts slid through to CJ even though he had a far worse conflict of interest: deciding Hamdi, a case of no small importance to the White House policymakers, while being interviewed by many of the same people, including the president, for a justiceship (not CJ, at that point).

So, I doubt that this will ruffle many feathers, although the far more pitched battle that Alito's nomination has engendered (due to the Court's likely ideological balance with or without Alito on it) might make more of this than was made of the far worse Roberts conflict.

Sunday, November 06, 2005 5:25:00 PM  

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