As Byron York details, while some documents from Elena Kagan’s time on President Clinton’s Domestic Policy Council staff have been made public, no records from her service for Clinton in the White House Counsel’s office in 1995 and 1996 have been. Those records need to be made available as soon as possible, and the scheduling of her confirmation hearing needs to ensure ample time to review them thoroughly.

As York discusses, the nomination of John Roberts provides direct precedent:

In 2005, when John Roberts was nominated for the Supreme Court, minority Democrats wanted to see papers Roberts had written while serving in the Reagan White House Counsel’s Office in the mid-1980s. President George W. Bush complied, and the Senate Judiciary Committee was given more than 50,000 pages of material detailing Roberts’ positions on issues like civil rights, the separation of powers, school prayer and other topics.…
“There is now a precedent that a White House lawyer’s materials will be produced,” says Bradford Berenson, an associate counsel in the Bush White House. “I think it will be very difficult for the Obama administration, given everything they’ve said about transparency and openness, to withhold these documents.”

But the Obama White House, notwithstanding its rhetoric about transparency, has yet to commit to produce these records.