Judge 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.
The case involved a Massachusetts woman, Shantee Maharaj, who has spent nearly a decade fighting to win back the assets of her late husband's individual retirement accounts, which had been frozen by Vanguard after a court judgment in favor of a former business partner of her husband.
Her lawyer, John G. S. Flym, a retired Northeastern law professor, said in an interview yesterday that Alito's ''lack of integrity is so flagrant" in the case that he should be disqualified as a Supreme Court nominee.
Maharaj, 50, discovered Alito's ownership of Vanguard shares in 2002 when she requested his financial disclosure forms after he ruled against her appeal to the US Court of Appeals for the Third Circuit.
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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."
I'm a bit unclear about what chain of events led to Alito having to specifically address Vanguard in that questionnaire.