United States Solicitor General

United States Solicitor General. The Solicitor General is the fourth-highest-ranking official within the United States Department of Justice and is tasked with representing the federal government of the United States before the Supreme Court of the United States. Often called the "Tenth Justice," the office supervises and conducts all government litigation in the nation's highest court and determines the legal positions the Executive Branch will advance. The Solicitor General also plays a critical role in shaping federal law by deciding when to appeal adverse decisions and when to file amicus curiae briefs in cases where the United States is not a party.

History and establishment

The office was established by the Congress in the Appropriations Act of June 1870, which also created the Department of Justice. The first person to hold the title was Benjamin Bristow under President Ulysses S. Grant. Initially, the role was primarily to handle the government's own Supreme Court cases, but its influence expanded significantly during the tenure of figures like Robert H. Jackson and Thurgood Marshall. The modern conception of the office, with its significant discretion and reputation for independence, was largely shaped by Archibald Cox and his successors in the latter half of the 20th century.

Role and responsibilities

The primary duty is to represent the United States in all cases before the Supreme Court. This includes arguing the most significant cases personally and overseeing the work of Assistant Attorneys General and other government lawyers. The office reviews all cases in which the United States loses in a lower court and decides whether to authorize an appeal to the Supreme Court via a petition for certiorari. Furthermore, the Solicitor General files amicus curiae briefs in numerous other cases, influencing the Court's docket and legal reasoning on issues of national importance, from civil rights to administrative law.

Appointment and tenure

The Solicitor General is appointed by the President of the United States with the advice and consent of the United States Senate. The position has no fixed term, serving at the pleasure of the President, though many have served across multiple administrations due to the office's tradition of professional independence. Nominees are typically eminent legal scholars, experienced appellate advocates, or former federal judges, such as Elena Kagan who later joined the Supreme Court. The office is supported by four Deputy Solicitor Generals and an office of career attorneys in the Department of Justice.

List of Solicitors General

Since Benjamin Bristow, over 50 individuals have served, including several who later ascended to the Supreme Court, such as Thurgood Marshall, Robert H. Jackson, and Elena Kagan. Other notable holders include Archibald Cox, who later served as Watergate special prosecutor, and Theodore Olson, who argued the pivotal case of Bush v. Gore. The first woman to hold the office was Drew Days, followed by others like Elena Kagan and the current incumbent, Elizabeth Prelogar.

Relationship with the Supreme Court

The Solicitor General enjoys a unique relationship with the Supreme Court, reflected in the informal title "Tenth Justice." The office is granted a special right to be heard through the "certiorari" process and often participates as an amicus curiae. Justices frequently rely on the Solicitor General's briefs for their thoroughness and candor, a tradition of credibility established by figures like John W. Davis and Robert L. Stern. This relationship requires balancing the role as an advocate for the Executive Branch with a duty to be a trusted officer of the Court.

Notable cases and arguments

Solicitors General have been central to landmark Supreme Court litigation. Robert H. Jackson argued in support of the New Deal programs in cases like Wickard v. Filburn. Thurgood Marshall championed civil rights, arguing Brown v. Board of Education before his appointment. More recently, Solicitors General have presented the government's position in cases addressing affirmative action like Grutter v. Bollinger, health care reform in National Federation of Independent Business v. Sebelius, and same-sex marriage in Obergefell v. Hodges. The office's arguments in United States v. Nixon during the Watergate scandal were pivotal to the case's outcome. Category:United States Department of Justice Category:United States Solicitors General Category:Government of the United States