Constitutional scholar and prominent conservative activist Leonard Leo is pushing back against Senate Democrats, particularly Senate Judiciary Committee Chairman Dick Durbin and Senator Sheldon Whitehouse, over their ongoing investigation targeting the Supreme Court. Leo’s attorneys have informed the senators that he will not cooperate with what they view as a partisan and unconstitutional witch hunt.
In response to a letter from Durbin and Whitehouse dated July 11, 2023, requesting information about Leo’s interactions with Supreme Court Justices, Leo’s attorneys assert that the inquiry exceeds the constitutional limits on the Committee’s investigative authority. They argue that the investigation infringes on Leo’s rights protected by the Bill of Rights, particularly the First Amendment, as it appears to be politically motivated retaliation against a private citizen based on his conservative views. They further argue that the inquiry violates the Equal Protection component of the Fifth Amendment’s Due Process Clause and lacks a valid legislative purpose.
Durbin and Whitehouse had previously sent letters to Leo, demanding details about his friendships, affiliations, and activities with conservative justices. The ongoing scrutiny and attacks on conservative Supreme Court Justices Clarence Thomas and Samuel Alito have intensified over the past few months.
From a conservative perspective, Leo’s response to the Senate Democrats’ inquiry is seen as a defense of individual rights and freedoms, especially in the face of perceived political targeting. The pushback underscores concerns about potential bias and abuse of power within the legislative process. Conservatives argue that the investigation appears to be driven by partisan motives and seeks to undermine the integrity and independence of the Supreme Court. As the scrutiny on conservative justices continues, conservatives view Leo’s stance as a principled defense against what they believe is an unconstitutional and politically motivated investigation.
