The Corner

Durbin Duplicity

Seantor Durbin is all upset that internal staff memos on judicial nominations were leaked to the press, and is demanding an investigation (see here). Yet Senator Durbin and his Democratic colleagues had no trouble using purloined memos to hurl (baseless) charges against 11th Circuit nominee Bill Pryor. Another reader who watched last week’s judicial talk-a-thon noted Senator Durbin even had no difficulty quoting Republican Senate staff memos that were somehow obtained by the Democrats. It seems leaked memos are only a problem when they embarass Democrats.

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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