A watchdog group is asking the Justice Department about its decision to waive ethics rules and let the administration's top Supreme Court lawyer argue a landmark affirmative action case involving her former employer, the Washington Free Beacon has learned.
Prelogar, a former Harvard employee, is barred by the Biden administration's ethics pledge from participating in the case without a waiver.
An ethics screwup would be an unwelcome addition to the case, which is a sensitive matter for the Biden administration.
Given the high stakes and public attention the case implicates, the watchdog group believes it is much more likely government lawyers have been working on the case for months.
Since the plaintiffs are urging the Court to demolish the foundations of affirmative action, it's likely the case generated considerable deliberation inside the administration.
The waiver elsewhere indicates Prelogar received permission to work on the case at an earlier juncture, but that authorization and supporting details haven't been made public.
The justices are scheduled to discuss the case in private conference on Friday, and a decision as to whether they will hear the case could be announced as soon as Monday.
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Wednesday, January 5, 2022
Watchdog Flags Ethics Landmine for Biden Admin in Landmark Affirmative Action Case
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