http://www.nytimes.com/2006/01/06/politics/politicsspecial1/06alito.html?pagewanted=printJanuary 6, 2006
At Hearings, Democrats Plan to Call Critics of Alito's Integrity
By DAVID D. KIRKPATRICK
WASHINGTON, Jan. 5 - Signaling their intent to put up a tough fight in next week's hearings on the Supreme Court nomination of Judge Samuel A. Alito Jr., Senate Democrats said Thursday that they would call at least two witnesses who could question his personal credibility as well several experts on civil rights and constitutional law.
One witness is John G. S. Flym, a legal scholar. In 2002, Mr. Flym served as counsel to a plaintiff suing the mutual fund company Vanguard in a case that came before Judge Alito on the United States Court of Appeals for the Third Circuit.......
Judge Alito had pledged at his confirmation hearings for the appeals court in 1990 that he would recuse himself from cases involving Vanguard, which managed his investments, and when a panel including him ruled unanimously in the company's favor, Mr. Flym complained to the court.
Judge Alito has attributed the lapse to an error in a courthouse computer system that screened for potential conflicts. Ethics guidelines did not require him to recuse himself, and he volunteered to do so at his confirmation hearings to avoid even the appearance of a conflict of interest.