Bench Memos

“Something to Hide”?

Senator Kennedy’s already repeated the silly charge that there must be something to hide if the administration still refuses to release documents from the Solicitor General’s office. Before accepting this charge, people should read this article from the Legal Times on what SG veterans think. Liberal and conservative alike suggest there is nothing much to learn in those documents about Roberts, but that it could chill the candor of SG staff attorneys in the future. Said one former SG attorney, “The memos would reveal that he was pushing the positions of President Bush I. That news would make me want to yawn and take a nap.” The bottom line is that no living SG has called for the release of any documents from the SG’s office. Former Clinton acting SG Walter Dellinger has hinted it might be justified in certain circumstances, but even he has yet to call for their release here.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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