Bench Memos

Demanding Docs

Senators from both parties are demanding the release of documents from the White House Counsel’s office, according to this story. If this impasse is not resolved, can Miers be confirmed? As Charles Krauthammer suggested last week, this issue could provide Miers an opportunity to save face were she to withdraw, as she would be protecting the White House from an unprecedented disclosure of internal material.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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