With no plausible factual basis bearing any connection to the hearing, Senator Kennedy wants the Judiciary Committee to issue a subpoena for the private papers of William Rusher. Although those papers are currently in the custody of the Library of Congress, they remain Rusher’s papers. There is zero chance that Specter will let Kennedy pursue his silly game, but it’s telling that Kennedy is so eager to invade a private citizen’s right of privacy in his private papers in his attack on Alito.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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