What Justice Alito said on ethics and recusal in his confirmation hearings; Citizens for Responsibility and Ethics in Washington (CREW), June 17, 2024

Linnaea Honl-Stuenkel and Connor Ganiats , Citizens for Responsibility and Ethics in Washington (CREW); What Justice Alito said on ethics and recusal in his confirmation hearings

"Recusals

Alito faced scrutiny for his initial failure to recuse from a case against the financial company Vanguard while serving on the U.S. Court of Appeals for the Third Circuit, despite holding at least $390,000 in Vanguard funds. Alito maintained that his failure to recuse was a mistake that he later remedied, and that ruling in the case did not actually violate judicial ethics rules. 

Alito repeatedly stressed that he would recuse from cases where the ethics code required him to do so, despite the broad duty for Supreme Court justices to hear cases. When asked about the case by Senator Orrin Hatch, Alito said, “I not only complied with the ethical rules that are binding on Federal judges—and they’re very strict—but also that I did what I have tried to do throughout my career as a judge, and that is to go beyond the letter of the ethics rules and to avoid any situation where there might be an ethical question raised.”

When pressed further by Senator Russ Feingold, Alito said he would not commit to recusing from all Vanguard cases going forward, but, “I will very strictly comply with the ethical obligations that apply to Supreme Court Justices.” 

Later, during a back and forth with Senator Edward Kennedy about his Vanguard mutual fund not being on his recusal list, Alito said: “I am one of those judges that you described who take recusals very, very seriously.”