Last Ditch Attacks

The AP is reporting that one H. Gerard Heimbecker has filed an ethics complaint against Judge Samuel Alito charging that Alito omitted one of Heimbecker’s lawsuits from his list of cases in which a litigant asked Alito to recuse himself from his Senate Judiciary Committee questionnaire. In 2004, Heimbecker apparently asked Judge Alito, and all of the other judges on the Third Circuit to recuse themselves from a case. Why did he seek recusal? Because all of the judges on the Third Circuit had demonstrated unacceptable bias against him by refusing to force a judge to step aside in a lawsuit Heimbecker eventually lost. Commented the other lawyer int he case: “He was angry about what had happened in state court, and the resolution of that, and decided to file a lawsuit in federal court which had no merit, was dismissed. He’s tried his hardest, I think, to claim that there was a grand conspiracy against him of lawyers, judges, insurance companies and everything else.” This case is the last ditch ethics charge Drudge reported Senator Kennedy would seek to use to stop Alito’s confirmation.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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