Tuesday, April 27, 2004

The Supreme Anointers Feign Impartiality and Solicitor General Olson Tries Stand-Up Comedy
The administration has lost two rounds in federal court. If the Supreme Court makes it three, Cheney could have to reveal potentially embarrassing records just before the presidential election. A lower court would have to work out details.

Justices were told by lawyers for the suing groups that the public has a right to information about committees like Cheney's. Former Enron Corp. Chairman Kenneth Lay and others were task force players, lawyers argued, but until the government produces records it won't be clear if they actually drafted the government's policies.

A ruling will come before July.

During arguments, Justice Ruth Bader Ginsburg questioned why the government was balking at the release of some records while giving out 36,000 pages from agencies on the same subject. 'If the whole thing is so misguided, if the application of this (law) violates the separation of powers, why did the government respond to the requests for information from the agencies?' she asked.

Solicitor General Theodore Olson said the administration did not want to be unnecessarily confrontational so it cooperated with some requests.[Nitpicker emphasis]
Why do I have the feeling the best outcome we can expect is for the supremes to kick it back to the lower court to ensure nothing comes out before the election for their precious.


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