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EspañolUNITED STATES SOLICITOR GENERAL
(Redirected from Solicitor General of the United States)
The 'United States Solicitor General' is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. The current Solicitor General is Paul Clement.
Nominated by the President and confirmed by the Senate, the Solicitor General is the fourth-ranking officer in the United States Department of Justice, behind the Attorney General, the Deputy Attorney General, and the Associate Attorney General. Despite this formal "rank", the solicitor general is removed from the administrative duties of the Justice Department, focusing instead on advocating for the federal government before the Supreme Court. Part of the solicitor general's duty is to be the attorney representing U.S. federal government agents and agencies in cases appealed to the Supreme Court. While the solicitor general's duty is defined as being to the Attorney General on behalf of the Constitution and the entire federal government, in practice the solicitor general's "client" is the President of the United States. This means that when a suit before the Supreme Court concerns a point of law with policy implications for the executive branch, the solicitor general's broad position is generally determined by the President. Such is the case with current litigation about the "War on Terror". Above and beyond actually arguing cases before the Court, the solicitor general's office files amicus curiae in virtually every case of significance to the federal government, even if it is not directly involved.
The SG, whose offices are located within the Supreme Court Building, has been nicknamed the "10th justice", due to the frequent interaction and subsequent special relationship between the justices and the SG and their respective staffs of clerks/deputies. As the most frequent advocate before the Court (SGs appear dozens of times before the Court each term whereas even the most experienced of private Supreme Court litigators often have less than ten appearances in their careers), the SG is extremely comfortable with the justices during the intimidating oral argument process. Further, when the SG's office recommends that a petition be granted certiorari, it is overwhelmingly granted, which is remarkable given that only approximately 75–125 petitions are granted cert out of the over 7,500 submitted. As a result, the SG is considered to be the single most influential and knowledgeable person on/about the current state of the Supreme Court, other than the justices themselves. Given the level of legal ability required by such an important position, the office of United States Solicitor General is generally considered to be the highest office for a practicing lawyer in the United States. Not surprisingly, several SG's and deputy SG's have gone to appointment to the Supreme Court as justices.
The office of Solicitor General was founded in 1870 and several traditions have been established. Per law, the SG must hold a law degree, which is not required of the Attorney General or Supreme Court justices. Most obvious to visitors at the Supreme Court is the traditional practice of the SG and his deputies of wearing formal morning coats. Of more technical significance is the permitting the SG to "lodge" new evidence into an appellate record, evidence which normally would not have been considered by the justices. Another tradition (that is possibly unique in the United States) is the Solicitor General's right and practice of confession of judgment in cases where he considers the government's prior official position to be clearly unjust: he can just drop the case, even if the government has already won in the lower courts. Solicitor General Paul Clement made such a confession in January 2005 regarding a law prohibiting the display of marijuana policy reform ads in public transportation. Clement stated in a letter to Congress that "the government does not have a viable argument to advance in the statute's defense."[1]
1. "Justice Department Refuses to Defend Congress in Legal Battle Over Law Censoring Marijuana Policy Ads"—Paul Clement's use of the Solicitor General's Confession of Judgment power in ACLU v. Mineta.
★ Hall, Kermit. ''The Oxford Guide to the Supreme Court of the United States''
★ Official website
The 'United States Solicitor General' is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. The current Solicitor General is Paul Clement.
| Contents |
| Official duties |
| Significance |
| Traditions |
| Solicitors General since 1870 |
| References |
| External links |
Official duties
Nominated by the President and confirmed by the Senate, the Solicitor General is the fourth-ranking officer in the United States Department of Justice, behind the Attorney General, the Deputy Attorney General, and the Associate Attorney General. Despite this formal "rank", the solicitor general is removed from the administrative duties of the Justice Department, focusing instead on advocating for the federal government before the Supreme Court. Part of the solicitor general's duty is to be the attorney representing U.S. federal government agents and agencies in cases appealed to the Supreme Court. While the solicitor general's duty is defined as being to the Attorney General on behalf of the Constitution and the entire federal government, in practice the solicitor general's "client" is the President of the United States. This means that when a suit before the Supreme Court concerns a point of law with policy implications for the executive branch, the solicitor general's broad position is generally determined by the President. Such is the case with current litigation about the "War on Terror". Above and beyond actually arguing cases before the Court, the solicitor general's office files amicus curiae in virtually every case of significance to the federal government, even if it is not directly involved.
Significance
The SG, whose offices are located within the Supreme Court Building, has been nicknamed the "10th justice", due to the frequent interaction and subsequent special relationship between the justices and the SG and their respective staffs of clerks/deputies. As the most frequent advocate before the Court (SGs appear dozens of times before the Court each term whereas even the most experienced of private Supreme Court litigators often have less than ten appearances in their careers), the SG is extremely comfortable with the justices during the intimidating oral argument process. Further, when the SG's office recommends that a petition be granted certiorari, it is overwhelmingly granted, which is remarkable given that only approximately 75–125 petitions are granted cert out of the over 7,500 submitted. As a result, the SG is considered to be the single most influential and knowledgeable person on/about the current state of the Supreme Court, other than the justices themselves. Given the level of legal ability required by such an important position, the office of United States Solicitor General is generally considered to be the highest office for a practicing lawyer in the United States. Not surprisingly, several SG's and deputy SG's have gone to appointment to the Supreme Court as justices.
Traditions
The office of Solicitor General was founded in 1870 and several traditions have been established. Per law, the SG must hold a law degree, which is not required of the Attorney General or Supreme Court justices. Most obvious to visitors at the Supreme Court is the traditional practice of the SG and his deputies of wearing formal morning coats. Of more technical significance is the permitting the SG to "lodge" new evidence into an appellate record, evidence which normally would not have been considered by the justices. Another tradition (that is possibly unique in the United States) is the Solicitor General's right and practice of confession of judgment in cases where he considers the government's prior official position to be clearly unjust: he can just drop the case, even if the government has already won in the lower courts. Solicitor General Paul Clement made such a confession in January 2005 regarding a law prohibiting the display of marijuana policy reform ads in public transportation. Clement stated in a letter to Congress that "the government does not have a viable argument to advance in the statute's defense."[1]
Solicitors General since 1870
| Solicitor General | Date of Service | Appointing President |
|---|---|---|
| Benjamin H. Bristow | October 1870–November 1872 | Ulysses Grant |
| Samuel F. Phillips | November 1872–May 1885 | |
| John Goode (Acting) | May 1885–August 1886 | Grover Cleveland |
| George A. Jenks | July 1886–May 1889 | |
| Orlow W. Chapman | May 1889–January 1890 | Benjamin Harrison |
| William Howard Taft | February 1890–March 1892 | |
| Charles H. Aldrich | March 1892–May 1893 | |
| Lawrence Maxwell, Jr. | April 1893–January 1895 | Grover Cleveland |
| Holmes Conrad | February 1895–July 1897 | |
| John K. Richards | July 1897–March 1903 | William McKinley |
| Henry M. Hoyt | February 1903–March 1909 | Theodore Roosevelt |
| Lloyd Wheaton Bowers | April 1909–September 1910 | William Taft |
| Frederick W. Lehmann | December 1910–July 1912 | |
| William Marshall Bullit | July 1912–March 1913 | |
| John W. Davis | August 1913–November 1918 | Woodrow Wilson |
| Alexander C. King | November 1918–May 1920 | |
| William L. Frierson | June 1920–June 1921 | |
| James M. Beck | June 1921–June 1925 | Warren Harding |
| William D. Mitchell | June 1925–March 1929 | Calvin Coolidge |
| Charles Evans Hughes, Jr | May 1929–April 1930 | Herbert Hoover |
| Thomas D. Thacher | March 1930–May 1933 | |
| James Crawford Biggs | May 1933–March 1935 | Franklin Roosevelt |
| Stanley Reed | March 1935–January 1938 | |
| Robert H. Jackson | March 1938–January 1940 | |
| Francis Biddle | January 1940–September 1941 | |
| Charles H. Fahy | November 1941–September 1945 | |
| J. Howard McGrath | October 1945–October 1946 | Harry Truman |
| Philip B. Perlman | July 1947–August 1952 | |
| Walter J. Cummings, Jr. | December 1952–March 1953 | |
| Simon Sobeloff | February 1954–July 1956 | Dwight Eisenhower |
| J. Lee Rankin | August 1956–January 1961 | |
| Archibald Cox | January 1961–July 1965 | John F. Kennedy |
| Thurgood Marshall | August 1965–August 1967 | Lyndon Johnson |
| Erwin N. Griswold | October 1967–June 1973 | |
| Robert H. Bork | June 1973–January 1977 | Richard Nixon |
| Wade H. McCree | March 1977–August 1981 | Jimmy Carter |
| Rex E. Lee | August 1981–June 1985 | Ronald Reagan |
| Charles Fried | October 1985–January 1989 | |
| Kenneth W. Starr | May 1989–January 1993 | George H. W. Bush |
| Drew S. Days, III | May 1993–July 1996 | Bill Clinton |
| Walter E. Dellinger III (acting) | August 1996–October 1997 | |
| Seth P. Waxman | November 1997–January 2001 | |
| Barbara D. Underwood (acting) | January 2001–June 2001 | |
| Theodore B. Olson | June 2001–July 2004 | George W. Bush |
| Paul D. Clement | June 2005–present |
References
1. "Justice Department Refuses to Defend Congress in Legal Battle Over Law Censoring Marijuana Policy Ads"—Paul Clement's use of the Solicitor General's Confession of Judgment power in ACLU v. Mineta.
★ Hall, Kermit. ''The Oxford Guide to the Supreme Court of the United States''
External links
★ Official website
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