Supreme Court Nominee Alito's Antitrust Record

The hearings on the nomination of Third Circuit Judge Samuel A. Alito, Jr., predictably focus our attention on the antitrust cases and associated issues he considered while on the appellate bench. The record includes eight cases over his 15-year judicial career. One case, Stolt-Nielsen v. United States, is still undecided, and another, Danvers Motor Company, Inc. v. Ford Motor Company, is “hot off the presses,” having been decided on December 19.

During this period, Judge Alito found himself in the majority four times, authoring three opinions and concurring once. He was in the minority twice, authoring one dissent, and concurring in another. Lastly, he voted for reconsideration en banc in one case that the Third Circuit decided not to reconsider under its rules.

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