Justice Samuel Alito Jr. will participate in an upcoming U.S. Supreme Court case over the constitutionality of a repatriation tax, despite concerns raised by a congressional leader over his connection with one of the lawyers in the case.

Senate Judiciary Chairman Richard Durbin, D-Illinois, had urged Chief Justice John Roberts Jr. to ensure that Alito recuse from the case, Moore v. U.S., over his apparent relationship with a conservative lawyer representing the petitioner. That lawyer, BakerHostetler's David Rivkin,was a co-author of two recent interviews of Alito published in the Wall Street Journal giving the justice an opportunity to denounce his critics.