Whitehouse, D-R.I., asked Chief Justice John Roberts to investigate comments made by Alito in a Wall Street Journal interview.
published by the Wall Street Journal, conducted in part by conservative lawyer David Rivkin, in the wake of recent news stories raising questions about Supreme Court ethics.
Alito's comments violate the code of conduct that lower court judges follow in part because he gave an opinion on a legal issue that might come before the court, Whitehouse said. Justices have in the past said that although the code of conduct does not specifically apply to the Supreme Court, they use it as a reference on ethics issues.
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