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  Plaintiff alleges Alito conflict
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Last EditedRP  Nov 03, 2005 05:33pm
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MediaNewspaper - Boston Globe
News DateThursday, November 3, 2005 11:00:00 PM UTC0:0
DescriptionJudge Samuel A. Alito Jr. ruled in a 2002 case in favor of the Vanguard mutual fund company at a time when he owned more than $390,000 in Vanguard funds and later complained about an effort to remove him from the case, court records show -- despite an earlier promise to recuse himself from cases involving the company.

In 1990, when Alito was seeking US Senate approval for his nomination to be a circuit judge, he said in written answers to a questionnaire that he would disqualify himself from ''any cases involving the Vanguard companies."

After Alito ruled in Vanguard's favor in the Maharaj case, he complained about her efforts to vacate his decision and remove him from the case, writing to the chief administrative judge of the federal appeals court on which he sat in 2003: ''I do not believe that I am required to disqualify myself based on my ownership of the mutual fund shares."

The White House, asked about the seeming contradiction between Alito's two statements, said that Alito was put on the case due to an error by a computer system that should have warned that he was taking a Vanguard-related case, because the investments were listed in the database.

Asked why Alito did not recuse himself after learning that it involved Vanguard, White House spokeswoman Dana Perino criticized those who are raising questions about Alito's actions.
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