'Justice Alito was involved in an organized campaign to block congressional action with regard to a matter in which he has a personal stake,' reads the complaint filed by Sen. Sheldon Whitehouse.
"The timing of Justice Alito’s opining suggests that he intervened to give his friend and political ally [Leo] support in his effort to block congressional inquiries," Whitehouse's complaint states.
The complaint also points to the "unpleasant fact" that "Alito's opining apparently at the behest of his friend and ally's lawyer, props up an argument being used to block inquiry into undisclosed gifts and travel received by Justice Alito." "In the worst case facts may reveal, Justice Alito was involved in an organized campaign to block congressional action with regard to a matter in which he has a personal stake," the complaint reads. "Whether Justice Alito was unwittingly used to provide fodder for such interference, or intentionally participated, is a question whose answer requires additional facts. The heart of any due process is a fair determination of the facts.
"The obstructive campaign run by Mr. Rivkin and Mr. Leo, fueled by Justice Alito's opining, appears intended to prevent Congress from gathering precisely those facts," the complaint adds. "The Supreme Court should not be helpless when it comes to policing its own members' ethical obligations. But it is necessarily helpless if there is no process of fair fact-finding, nor independent decisionmaking.
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