Sunday, July 24, 2005

Is Senator Leahy the Solicitor General?

Demanding to see everything Supreme Court nominee John Roberts has ever written, Vermont Senator Patrick Leahy said this:
"It's a total red herring to say, 'Oh, we can't show this.' And of course there is no lawyer-client privilege. Those working in the solicitor general's office are not working for the president. They're working for you and me and all the American people," he told ABC's "This Week."
No Senator, they work for the administration. Their actions and policies are determined by the President and his appointees, not a power-hungry senator from our second-smallest state.

And in case you were wondering:

The Solicitor General determines the cases in which Supreme Court review will be sought by the government and the positions the government will take before the Court. (Source: The Solicitor General's Office)

As you may remember:

The outside liberal advocacy groups were quick to issue statements expressing worry about Roberts: People for the American Way brought up the legal brief Roberts prepared while serving in the solicitor general's office arguing a case called Rust v. Sullivan.

The brief said that the president and other members of the Bush I administration “continue to believe that Roe was wrongly decided and should be overruled” and that the Court’s ruling that a woman has a right to get an abortion has “no support in the text, structure or history of the Constitution.”

If Senator Leahy thinks he's in control of the Solicitor General's office, he'd better do something to get these administration lawyers who think they represent the administration under control. And he'd better be careful about any Democrat staff attorneys. They work for me!

Update, Later That Day: I wonder if Senator Leahy applies the same reasoning to public defenders (paid for by the American people!). We could rewrite Miranda:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be appointed for you by the state. If an attorney is appointed for you, any communications between yourself and your attorney will be provided to Senator Leahy and any interested taxpayer.

1 comment:

Lady Jane said...

Great post, Nick. I am tired of the Dems thinking they are in charge. They aren't! And the Republican Party would do well to remember it too.