Not only that, but Alito didn't even write these papers and apparently his name is not mentioned in any of them. I think Kennedy had a couple of bloody marys for breakfast.
Explains why he looked so hung-over that he was all but laying his head on the desk in front of him.
It was an issue because a) they were private papers of William Rusher so his thought was that the R's would say no and b) in saying No, this would enable them to do another filibuster in perpetuity, until they had enough "records"
Plus the bonus of a racism smear against Alito