Bench Memos

Senate Republican Letter to AG Holder on Kagan Recusal

In a strong letter today to Attorney General Holder, Senate Republican leader Mitch McConnell and other leading Republican senators complain that the Department of Justice “has rejected all Congressional oversight requests for information about [Elena Kagan’s] role in the Obama Administration’s defense” of Obamacare. The letter sets forth the “legal and factual bases” for the senators’ concerns about Kagan’s non-recusal, and it urges Holder “to reconsider your Department’s decision not to respond to Congress’s oversight requests so that the public can have confidence in the resolution of this important litigation.”

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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