SenateDemocrats sent the subpoena six months ago, but they havent moved to enforce it.
The stakes of this years congressional races are high for Leo.
Leo has been a staple in Republican judicial politics for decades.
Leonard Leo speaks to media at Trump Tower in New York, on Nov. 16, 2016.AP Photo/Carolyn Kaster
According toProPublica, Leo helped arrange for Alitos seat on a private jet to Alaska in 2008.
Hes spent the months since pouring cash into competitive races.
Cruz is facing a tight race to keep his Senate seat against Rep. Colin Allred (D-Texas).
The election could help decide whether Democrats hold onto the Senate.
And so they can proceed.