Solicitor General of the United States: Difference between revisions
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| incumbent = [[Elizabeth Prelogar]] |
| incumbent = [[Elizabeth Prelogar]] |
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| incumbentsince = October 28, 2021 |
| incumbentsince = October 28, 2021 |
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| department = [[United States Department of Justice]] |
| department = [[United States Department of Justice|Department of Justice]] |
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| style = Mr. or Madam Solicitor General |
| style = Mr. or Madam Solicitor General |
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| reports_to = [[United States Attorney General]] |
| reports_to = [[United States Attorney General|Attorney General]] |
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| seat = [[United States Supreme Court Building|Supreme Court Building]] and [[Robert F. Kennedy Department of Justice Building|Department of Justice Headquarters]] |
| seat = [[United States Supreme Court Building|Supreme Court Building]] and [[Robert F. Kennedy Department of Justice Building|Department of Justice Headquarters]] |
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| nominator = |
| nominator = |
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| formation = October 1870 |
| formation = October 1870 |
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| deputy = [[#List of notable Principal Deputy Solicitors General|Principal Deputy Solicitor General]] |
| deputy = [[#List of notable Principal Deputy Solicitors General|Principal Deputy Solicitor General]] |
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| website = {{ |
| website = {{URL|https://www.justice.gov/osg|justice.gov/osg}} |
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}} |
}} |
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[[File:Osg. |
[[File:Osg-org-chart.png|thumb|Organizational chart for the office of the Solicitor General]] |
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The '''Solicitor General of the United States''' ('''USSG''' or '''SG'''), the fourth-highest-ranking official within the [[United States Department of Justice]],<ref>{{Cite book |last=Ginsburg |first=Benjamin |title=We The People: An Introduction to American Politics |last2=Lowi |first2=Theodore J. |last3=Weir |first3=Margaret |last4=Tolbert |first4=Caroline J. |last5=Campbell |first5=Andrea L. |publisher=W.W. Norton & Company, Inc. |year=2019 |isbn=978-0-393-66463-8 |edition=12th |location=New York, New York |pages=612 |language=en}}</ref> represents the federal government in cases before the [[Supreme Court of the United States]]. The Solicitor General is appointed by the President and reports directly to the [[United States Attorney General]]. |
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The '''solicitor general of the United States''' is the fourth-highest-ranking official in the [[United States Department of Justice]]. [[Elizabeth Prelogar]] has been serving in the role since October 28, 2021. |
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The |
The Solicitor General's office argues on behalf of the federal government in almost every Supreme Court case in which the United States is a party and also argues in most cases in which the government has filed a brief as ''[[amicus curiae]]''. In the [[United States courts of appeals]], the Solicitor General's office reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The Solicitor General's office also reviews cases decided against the United States in the [[United States district court]]s and decides the whether government will file an appeal. |
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[[Elizabeth Prelogar]] has served as Solicitor General since October 28, 2021. |
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The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The solicitor general's office also reviews cases decided against the United States in the federal district courts and approves every case in which the government files an appeal. |
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The solicitor general of the United States is subservient to, and directly reports to, the [[United States Attorney General]]. |
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==Composition of the Office of the Solicitor General== |
==Composition of the Office of the Solicitor General== |
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The solicitor general is assisted by four |
The solicitor general is assisted by four deputy solicitors general and seventeen assistants to the solicitor general. Three of the deputies are career attorneys in the [[United States Department of Justice|Department of Justice]]. The remaining deputy is known as the principal deputy, sometimes called the political deputy and, like the solicitor general, typically leaves at the end of an administration. |
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The solicitor general or one of the deputies typically argues the most important cases in the Supreme Court. Other cases may be argued by one of the assistants or another government attorney. The solicitors general tend to argue six to nine cases per Supreme Court term, while deputies argue four to five cases and assistants each argue two to three cases.<ref>{{cite web |first= Kedar S. |last= Bhatia |date= April 17, 2011 |url= http://dailywrit.com/2011/04/updated-advocate-scorecard-ot00-10/ |title= Updated Advocate Scorecard (OT00-10) |work= Daily Writ}}</ref> |
The solicitor general or one of the deputies typically argues the most important cases in the Supreme Court. Other cases may be argued by one of the assistants or another government attorney. The solicitors general tend to argue six to nine cases per Supreme Court term, while deputies argue four to five cases and assistants each argue two to three cases.<ref>{{cite web |first= Kedar S. |last= Bhatia |date= April 17, 2011 |url= http://dailywrit.com/2011/04/updated-advocate-scorecard-ot00-10/ |title= Updated Advocate Scorecard (OT00-10) |work= Daily Writ}}</ref> |
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==Significance== |
==Significance== |
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The solicitor general, who has offices in the [[United States Supreme Court Building|Supreme Court Building]] as well as the [[Robert F. Kennedy Department of Justice Building|Department of Justice |
The solicitor general, who has offices in the [[United States Supreme Court Building|Supreme Court Building]] as well as the [[Robert F. Kennedy Department of Justice Building|Department of Justice headquarters]], has been called the "tenth justice"<ref>{{cite book |first= Lincoln |last= Caplan |title= The Tenth Justice: The Solicitor General and the Rule of Law |location= New York |publisher= Knopf |year= 1987 }}{{page needed |date=January 2014}}</ref> as a result of the close relationship between the justices and the solicitor general (and their respective staffs of clerks and deputies). As the most frequent advocate before the Court, the Office of the Solicitor General generally argues dozens of times each term. Furthermore, when the Office of the Solicitor General endorses a petition for ''[[certiorari]]'', review is frequently granted, which is influential given that only 75 to 125 of the over 7,500 petitions submitted each term are granted review by the Court.<ref>{{cite journal |ssrn= 1377522 |title= An Empirical Analysis of Supreme Court Certiorari Petition Procedures |year= 2009 |journal= George Mason University Law Review |pages= 237, 275 |volume= 16 |issue= 2 |last1= Thompson |first1= David C. |last2=Wachtell |first2= Melanie F.}}</ref> |
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The solicitor general is considered an influential and knowledgeable member of the legal community with regard to [[Supreme Court litigation]].{{Citation needed|date=June 2021}} Six solicitors general have later served on the Supreme Court: [[William Howard Taft]] (who served as the 27th [[president of the United States]] before becoming [[Chief Justice of the United States|chief justice of the United States]]), [[Stanley Forman Reed]], [[Robert H. Jackson]], [[Thurgood Marshall]], and [[Elena Kagan]]. Some who have had other positions in the Office of the Solicitor General have also later been appointed to the Supreme Court. For example, Chief Justice [[John Roberts]] was the principal deputy solicitor general during the George H. W. Bush administration and Associate Justice [[Samuel Alito]] was an assistant to the solicitor general. The last former solicitor general to be successfully nominated to the court was Justice Elena Kagan.<ref>{{Cite news |last=Barnes |first=Robert |date=2010-05-13 |title=In Elena Kagan's work as solicitor general, few clues to her views |language=en-US |url=http://www.washingtonpost.com/wp-dyn/content/article/2010/05/12/AR2010051205049.html |access-date=2023-04-28 |issn=0190-8286}}</ref> Only one former solicitor general has been nominated to the Supreme Court unsuccessfully, that being [[Robert Bork]]; however, no sitting solicitor general has ever been denied such an appointment. Eight other solicitors general have served on the United States Courts of Appeals.{{Citation needed|date=June 2021}} |
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Within the Justice Department, the solicitor general exerts significant influence on all appeals brought by the department. The solicitor general is the only U.S. officer that is statutorily required to be "learned in law |
Within the Justice Department, the solicitor general exerts significant influence on all appeals brought by the department. The solicitor general is the only U.S. officer that is statutorily required to be "learned in the law".<ref>{{cite journal |last= Waxman |first= Seth |title='Presenting the Case of the United States As It Should Be': The Solicitor General in Historical Context |journal= Journal of Supreme Court History |date= June 1, 1998 |volume= 23 |issue= 2 |pages= 3–25 |doi= 10.1111/j.1540-5818.1998.tb00134.x |s2cid= 146716511 |url= http://www.justice.gov/osg/aboutosg/historic-context.html |access-date= June 7, 2011}}</ref> Whenever the DOJ wins at the trial stage and the losing party appeals, the concerned division of the DOJ responds automatically and proceeds to defend the ruling in the appellate process. However, if the DOJ is the losing party at the trial stage, an appeal can only be brought with the permission of the solicitor general. For example, should the tort division lose a jury trial in federal district court, that ruling cannot be appealed by the Appellate Office without the approval of the solicitor general. |
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=={{anchor|CVSG}}<!-- linked from redirect [[CVSG]] -->Call for the views of the solicitor general== |
=={{anchor|CVSG}}<!-- linked from redirect [[CVSG]] -->Call for the views of the solicitor general== |
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When determining whether to grant ''[[certiorari]]'' in a case where the federal government is not a party, the Court will sometimes request that the solicitor general weigh in, a procedure referred to as a "call for the views of the solicitor general" (CVSG).<ref>{{cite book |last1=Black |first1=Ryan C. |last2=Owens |first2=Ryan J. |title=The Solicitor General and the United States Supreme Court: Executive Branch Influence and Judicial Decisions |date=April 30, 2012 |publisher=Cambridge University Press |isbn=9781107015296 |oclc=761858397 |pages=142–143}}</ref> In response to a CVSG, the solicitor general will file a brief opining on whether the petition should be granted and, usually, which party should prevail.<ref name=ScotusBlog>{{cite news |last1=McElroy |first1=Lisa |title="CVSG"s in plain English |url=http://www.scotusblog.com/2010/02/last-week-in-plain-english-2/ |access-date=January 13, 2015 |agency=ScotusBlog |date=February 10, 2010}}</ref> |
When determining whether to grant ''[[certiorari]]'' in a case where the federal government is not a party, the Court will sometimes request that the solicitor general weigh in, a procedure referred to as a "call for the views of the solicitor general" (CVSG).<ref>{{cite book |last1=Black |first1=Ryan C. |last2=Owens |first2=Ryan J. |title=The Solicitor General and the United States Supreme Court: Executive Branch Influence and Judicial Decisions |date=April 30, 2012 |publisher=Cambridge University Press |isbn=9781107015296 |oclc=761858397 |pages=142–143}}</ref> In response to a CVSG, the solicitor general will file a brief opining on whether the petition should be granted and, usually, which party should prevail.<ref name=ScotusBlog>{{cite news |last1=McElroy |first1=Lisa |title="CVSG"s in plain English |url=http://www.scotusblog.com/2010/02/last-week-in-plain-english-2/ |access-date=January 13, 2015 |agency=ScotusBlog |date=February 10, 2010}}</ref> |
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Although the CVSG is technically an invitation, the solicitor general's office treats it as tantamount to a command.<ref name=ScotusBlog/> [[Philip Elman]], who served as an attorney in the solicitor general's office and who was primary author of the federal government's brief in ''[[Brown v. Board of Education]]'', wrote, "When the Supreme Court invites you, that's the equivalent of a royal command. |
Although the CVSG is technically an invitation, the solicitor general's office treats it as tantamount to a command.<ref name=ScotusBlog/> [[Philip Elman]], who served as an attorney in the solicitor general's office and who was the primary author of the federal government's brief in ''[[Brown v. Board of Education]]'', wrote, "When the Supreme Court invites you, that's the equivalent of a royal command. An invitation from the Supreme Court just can't be rejected."<ref name=Lepore>{{cite journal |last1=Lepore |first1=Stefanie |title=The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General |journal=Journal of Supreme Court History |date=December 2010 |volume=35 |pages=35–53 |doi=10.1111/j.1540-5818.2010.01229.x |ssrn=1496643|s2cid=144427264 }}</ref><ref>{{cite journal |last1=Elman |first1=Philip |author-link1=Philip Elman |last2=Silber |first2=Norman |title=The Solicitor General's Office, Justice Frankfurter, and Civil Rights Litigation, 1946-1960: An Oral History |journal=Harvard Law Review |date=February 1987|volume=100 |issue=4 |pages=817–852 |jstor=1341096 |doi=10.2307/1341096}}</ref> |
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The Court typically issues a CVSG where the justices believe that the petition is important, and may be considering granting it, but would like a legal opinion before making that decision.<ref name=Lepore/> |
The Court typically issues a CVSG where the justices believe that the petition is important, and may be considering granting it, but would like a legal opinion before making that decision.<ref name=Lepore/> Examples include where there is a federal interest involved in the case; where there is a new issue for which there is no established precedent; or where an issue has evolved, perhaps becoming more complex or affecting other issues.<ref name=Lepore/> |
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Although there is usually no deadline by which the solicitor general is required to respond to a CVSG, briefs in response to the CVSG are generally filed at three times of the year: late May, allowing the petition to be considered before the Court breaks for summer recess; August, allowing the petition to go on the "summer list", to be considered at the end of recess; and December, allowing the case to be argued in the remainder of the current Supreme Court term.<ref name=ScotusBlog/> |
Although there is usually no deadline by which the solicitor general is required to respond to a CVSG, briefs in response to the CVSG are generally filed at three times of the year: late May, allowing the petition to be considered before the Court breaks for summer recess; August, allowing the petition to go on the "summer list", to be considered at the end of recess; and December, allowing the case to be argued in the remainder of the current Supreme Court term.<ref name=ScotusBlog/> |
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The Supreme Court has also occasionally invited a state attorney general to express a view on a petition related to that state. In 2009, for the first time, the invitation was directed instead to a state solicitor general,<ref>{{cite web| title=New invitation brief from Texas Solicitor General| author=Amy Howe| website=SCOTUSblog| date=23 December 2009| url=https://www.scotusblog.com/2009/12/new-invitation-brief-from-texas-solicitor-general/| access-date=3 March 2023}}</ref> [[James C. Ho|James Ho]] of Texas, earning the request the nickname |
The Supreme Court has also occasionally invited a state attorney general to express a view on a petition related to that state. In 2009, for the first time, the invitation was directed instead to a state solicitor general,<ref>{{cite web| title=New invitation brief from Texas Solicitor General| author=Amy Howe| website=SCOTUSblog| date=23 December 2009| url=https://www.scotusblog.com/2009/12/new-invitation-brief-from-texas-solicitor-general/| access-date=3 March 2023}}</ref> [[James C. Ho|James Ho]] of Texas, earning the request the nickname "CVSG-Texas."<ref>{{cite web| title=More on CVSG-Texas in Rhine v. Deaton| author=Amy Howe| website=SCOTUSblog| date=5 October 2009| url=https://www.scotusblog.com/2009/10/more-on-cvsg-texas-in-rhine-v-deaton/| access-date=3 March 2023}}</ref> |
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==Traditions== |
==Traditions== |
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==List of solicitors general== |
==List of solicitors general== |
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{| |
{|class="wikitable sortable" |
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!class=unsortable |Image |
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!Picture |
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!Name |
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!Solicitor General |
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!Start |
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!Date of service |
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!End |
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!Appointing President |
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!colspan=2 |President |
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|[[File:Benjamin Helm Bristow, Brady-Handy bw photo portrait, ca 1870-1880.jpg|75px]] |
|[[File:Benjamin Helm Bristow, Brady-Handy bw photo portrait, ca 1870-1880.jpg|75px]] |
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| |
|{{sortname|Benjamin|Bristow}} |
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|October 11, 1870 |
|{{dts|October 11, 1870}} |
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|{{dts|November 15, 1872}} |
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|rowspan=2 style="background: {{party color|Republican Party (United States)}};" | |
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|rowspan=2 |[[Ulysses S. Grant|Ulysses Grant]] |
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|rowspan=2 |{{sortname|Ulysses|Grant|Ulysses S. Grant}} |
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|- |
|- |
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|[[File:Samuel F. Phillips.jpg|75px]] |
|[[File:Samuel F. Phillips.jpg|75px]] |
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| |
|{{sortname|Samuel|Phillips|Samuel F. Phillips}} |
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|December 11, 1872 |
|{{dts|December 11, 1872}} |
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|{{dts|May 1, 1885}} |
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|- |
|- |
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|[[File:John Goode - Brady-Handy.jpg|75px]] |
|[[File:John Goode - Brady-Handy.jpg|75px]] |
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| |
|{{sortname|John|Goode|dab=Virginia politician}} |
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|May 1, 1885 |
|{{dts|May 1, 1885}} |
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|{{dts|August 5, 1886}} |
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|rowspan=2 |[[Grover Cleveland]] |
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|rowspan=2 style="background: {{party color|Democratic Party (United States)}};" | |
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|rowspan=2 |{{sortname|Grover|Cleveland}} |
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|- |
|- |
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|[[File:George A. Jenks.jpg|75px]] |
|[[File:George A. Jenks.jpg|75px]] |
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|{{sortname|George|Jenks|George A. Jenks}} |
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|July 30, 1886 |
|{{dts|July 30, 1886}} |
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|{{dts|May 29, 1889}} |
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|- |
|- |
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|[[File:Orlow W. Chapman.jpg|75px]] |
|[[File:Orlow W. Chapman.jpg|75px]] |
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|{{sortname|Orlow|Chapman|Orlow W. Chapman}} |
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|May 29, 1889 |
|{{dts|May 29, 1889}} |
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|{{dts|January 19, 1890}} |
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|rowspan=3 |[[Benjamin Harrison]] |
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|rowspan=3 style="background: {{party color|Republican Party (United States)}};" | |
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|rowspan=3 |{{sortname|Benjamin|Harrison}} |
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|- |
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|[[File:William Howard Taft, Bain bw photo portrait, 1908.jpg|75px]] |
|[[File:William Howard Taft, Bain bw photo portrait, 1908.jpg|75px]] |
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|{{sortname|William|Taft|William Howard Taft}} |
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|February 4, 1890 |
|{{dts|February 4, 1890}} |
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|{{dts|March 20, 1892}} |
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|- |
|- |
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|[[File:Charles H. Aldrich.jpeg|75px]] |
|[[File:Charles H. Aldrich.jpeg|75px]] |
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|{{sortname|Charles|Aldrich|Charles H. Aldrich}} |
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|March 21, 1892 |
|{{dts|March 21, 1892}} |
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|{{dts|May 28, 1893}} |
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|- |
|- |
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|[[File:Lawrence Maxwell Jr.jpeg|75px]] |
|[[File:Lawrence Maxwell Jr.jpeg|75px]] |
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| |
|{{sortname|Lawrence|Maxwell|Lawrence Maxwell Jr.}} |
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|April 6, 1893 |
|{{dts|April 6, 1893}} |
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|{{dts|January 30, 1895}} |
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|rowspan=2 |[[Grover Cleveland]] |
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|rowspan=2 style="background: {{party color|Democratic Party (United States)}};" | |
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|rowspan=2 |{{sortname|Grover|Cleveland}} |
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|- |
|- |
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|[[File:Holmes Conrad.jpg|75px]] |
|[[File:Holmes Conrad.jpg|75px]] |
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|{{sortname|Holmes|Conrad}} |
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|February 6, 1895 |
|{{dts|February 6, 1895}} |
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|{{dts|July 1, 1897}} |
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|- |
|- |
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|[[File:Richards-large.jpg|75px]] |
|[[File:Richards-large.jpg|75px]] |
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|{{sortname|John|Richards|John K. Richards}} |
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|July 6, 1897 |
|{{dts|July 6, 1897}} |
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|{{dts|March 16, 1903}} |
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|[[William McKinley]] |
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|style="background: {{party color|Republican Party (United States)}};" | |
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|{{sortname|William|McKinley}} |
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|- |
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|[[File:Hoyt-large.jpg|75px]] |
|[[File:Hoyt-large.jpg|75px]] |
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|{{sortname|Henry|Hoyt|Henry M. Hoyt (Solicitor General)}} |
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|February 25, 1903 |
|{{dts|February 25, 1903}} |
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|{{dts|March 31, 1909}} |
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|style="background: {{party color|Republican Party (United States)}};" | |
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|[[Theodore Roosevelt]] |
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|{{sortname|Theodore|Roosevelt}} |
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|- |
|- |
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|[[File:Bowers-large.jpg|75px]] |
|[[File:Bowers-large.jpg|75px]] |
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|{{sortname|Lloyd|Bowers|Lloyd Wheaton Bowers}} |
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|April 1, 1909 |
|{{dts|April 1, 1909}} |
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|{{dts|September 9, 1910}} |
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|rowspan=3 |[[William Howard Taft|William Taft]] |
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|rowspan=3 style="background: {{party color|Republican Party (United States)}};" | |
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|rowspan=3 |{{sortname|William|Taft|William Howard Taft}} |
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|- |
|- |
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|[[File:FWLehman.jpg|75px]] |
|[[File:FWLehman.jpg|75px]] |
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|{{sortname|Frederick|Lehmann|Frederick William Lehmann}} |
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|December 12, 1910 |
|{{dts|December 12, 1910}} |
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|{{dts|July 15, 1912}} |
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|- |
|- |
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|[[File:Bullitt-large.jpg|75px]] |
|[[File:Bullitt-large.jpg|75px]] |
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|{{sortname|William|Bullitt|William Marshall Bullitt}} |
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|July 16, 1912 |
|{{dts|July 16, 1912}} |
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|{{dts|March 11, 1913}} |
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|- |
|- |
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|[[File:John William Davis.jpg|75px]] |
|[[File:John William Davis.jpg|75px]] |
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| |
|{{sortname|John|Davis|John W. Davis}} |
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|August 30, 1913 |
|{{dts|August 30, 1913}} |
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|{{dts|November 26, 1918}} |
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|rowspan=3 style="background: {{party color|Democratic Party (United States)}};" | |
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|rowspan=3 |[[Woodrow Wilson]] |
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|rowspan=3 |{{sortname|Woodrow|Wilson}} |
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|- |
|- |
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|[[File:Alexander Campbell King by Gari Milchers (1922).jpg|75px]] |
|[[File:Alexander Campbell King by Gari Milchers (1922).jpg|75px]] |
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| |
|{{sortname|Alexander|King|Alexander Campbell King}} |
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|November 27, 1918 |
|{{dts|November 27, 1918}} |
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|{{dts|May 23, 1920}} |
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|- |
|- |
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|[[File:William L. Frierson DOJ photo.jpg|75px]] |
|[[File:William L. Frierson DOJ photo.jpg|75px]] |
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|{{sortname|William|Frierson|William L. Frierson}} |
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|June 1, 1920 |
|{{dts|June 1, 1920}} |
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|{{dts|June 30, 1921}} |
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|- |
|- |
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|[[File:James M Beck.jpg|75px]] |
|[[File:James M Beck.jpg|75px]] |
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| |
|{{sortname|James|Beck|James M. Beck}} |
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|June 1, 1921 |
|{{dts|June 1, 1921}} |
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|{{dts|May 11, 1925}} |
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|[[Warren G. Harding|Warren Harding]] |
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|style="background: {{party color|Republican Party (United States)}};" | |
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|{{sortname|Warren|Harding|Warren G. Harding}} |
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|- |
|- |
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|[[File:William D. Mitchell cph.3b30394.jpg|75px]] |
|[[File:William D. Mitchell cph.3b30394.jpg|75px]] |
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| |
|{{sortname|William|Mitchell|William D. Mitchell}} |
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|June 4, 1925 |
|{{dts|June 4, 1925}} |
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|{{dts|March 5, 1929}} |
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|[[Calvin Coolidge]] |
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|style="background: {{party color|Republican Party (United States)}};" | |
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|{{sortname|Calvin|Coolidge}} |
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|- |
|- |
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|[[File:Charles Evans Hughes jr.jpg|75px]] |
|[[File:Charles Evans Hughes jr.jpg|75px]] |
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| |
|{{sortname|Charles|Hughes|Charles Evans Hughes Jr.}} |
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|May 27, 1929 |
|{{dts|May 27, 1929}} |
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|{{dts|April 16, 1930}} |
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|rowspan=2 |[[Herbert Hoover]] |
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|rowspan=2 style="background: {{party color|Republican Party (United States)}};" | |
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|rowspan=2 |{{sortname|Herbert|Hoover}} |
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|- |
|- |
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|[[File:Thomas D Thatcher.jpg|75px]] |
|[[File:Thomas D Thatcher.jpg|75px]] |
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| |
|{{sortname|Thomas|Thacher|Thomas D. Thacher}} |
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|March 22, 1930 |
|{{dts|March 22, 1930}} |
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|{{dts|May 4, 1933}} |
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|- |
|- |
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|[[File:James crawford biggs.jpg|75px]] |
|[[File:James crawford biggs.jpg|75px]] |
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| |
|{{sortname|James|Biggs|James Crawford Biggs}} |
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|May 5, 1933 |
|{{dts|May 5, 1933}} |
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|{{dts|March 24, 1935}} |
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|rowspan=5 |[[Franklin D. Roosevelt|Franklin Roosevelt]] |
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|rowspan=5 style="background: {{party color|Democratic Party (United States)}};" | |
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|rowspan=5 |{{sortname|Franklin|Roosevelt|Franklin D. Roosevelt}} |
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|- |
|- |
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|[[File:Stanley Forman Reed.jpg|75px]] |
|[[File:Stanley Forman Reed.jpg|75px]] |
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| |
|{{sortname|Stanley|Reed|Stanley Forman Reed}} |
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|March 25, 1935 |
|{{dts|March 25, 1935}} |
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|{{dts|January 30, 1938}} |
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|- |
|- |
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|[[File:Roberthjackson.jpg|75px]] |
|[[File:Roberthjackson.jpg|75px]] |
||
| |
|{{sortname|Robert|Jackson|Robert H. Jackson}} |
||
|March 5, 1938 |
|{{dts|March 5, 1938}} |
||
|{{dts|January 17, 1940}} |
|||
|- |
|- |
||
|[[File:Francis Biddle cph.3b27524.jpg|75px]] |
|[[File:Francis Biddle cph.3b27524.jpg|75px]] |
||
| |
|{{sortname|Francis|Biddle}} |
||
|January 22, 1940 |
|{{dts|January 22, 1940}} |
||
|{{dts|September 4, 1941}} |
|||
|- |
|- |
||
|[[File:Charles Fahy - Project Gutenberg etext 20587.jpg|75px]] |
|[[File:Charles Fahy - Project Gutenberg etext 20587.jpg|75px]] |
||
| |
|{{sortname|Charles|Fahy}} |
||
| |
|{{dts|November 15, 1941}} |
||
|{{dts|September 27, 1945}} |
|||
|- |
|- |
||
|[[File:J. Howard McGrath.jpg|74px]] |
|[[File:J. Howard McGrath.jpg|74px]]<!-- Workaround to get McGrath image to display properly: specify 74 pixels instead of 75 --> |
||
| |
|{{sortname|Howard|McGrath|J. Howard McGrath}} |
||
|October 4, 1945 |
|{{dts|October 4, 1945}} |
||
|{{dts|October 7, 1946}} |
|||
|rowspan=3 |[[Harry S. Truman|Harry Truman]] |
|||
|rowspan=3 style="background: {{party color|Democratic Party (United States)}};" | |
|||
|rowspan=3 |{{sortname|Harry|Truman|Harry S. Truman}} |
|||
|- |
|- |
||
|[[File:Philip B. Perlman (2005).jpg|75px]] |
|[[File:Philip B. Perlman (2005).jpg|75px]] |
||
| |
|{{sortname|Philip|Perlman}} |
||
|July 30, 1947 |
|{{dts|July 30, 1947}} |
||
|{{dts|August 15, 1952}} |
|||
|- |
|- |
||
|[[File:Cummings-large.jpg|75px]] |
|[[File:Cummings-large.jpg|75px]] |
||
| |
|{{sortname|Walter|Cummings|Walter J. Cummings Jr.}} |
||
|December 2, 1952 |
|{{dts|December 2, 1952}} |
||
|{{dts|March 1, 1953}} |
|||
|- |
|- |
||
|[[File:Sobeloff.jpg|75px]] |
|[[File:Sobeloff.jpg|75px]] |
||
| |
|{{sortname|Simon|Sobeloff}} |
||
|February 10, 1954 |
|{{dts|February 10, 1954}} |
||
|{{dts|July 19, 1956}} |
|||
|rowspan=2 |[[Dwight D. Eisenhower|Dwight Eisenhower]] |
|||
|rowspan=2 style="background: {{party color|Republican Party (United States)}};" | |
|||
|rowspan=2 |{{sortname|Dwight|Eisenhower|Dwight D. Eisenhower}} |
|||
|- |
|- |
||
|[[File:J. Lee Rankin.jpg|75px]] |
|[[File:J. Lee Rankin.jpg|75px]] |
||
| |
|{{sortname|Lee|Rankin|J. Lee Rankin}} |
||
|August 4, 1956 |
|{{dts|August 4, 1956}} |
||
|{{dts|January 23, 1961}} |
|||
|- |
|- |
||
|[[File:ArchibaldCox.jpg|75px]] |
|[[File:ArchibaldCox.jpg|75px]] |
||
| |
|{{sortname|Archibald|Cox}} |
||
|January 24, 1961 |
|{{dts|January 24, 1961}} |
||
|{{dts|July 31, 1965}} |
|||
|[[John F. Kennedy]] |
|||
|style="background: {{party color|Democratic Party (United States)}};" | |
|||
|{{sortname|John F.|Kennedy}} |
|||
|- |
|- |
||
|[[File:Thurgoodmarshall1967.jpg|75px]] |
|[[File:Thurgoodmarshall1967.jpg|75px]] |
||
| |
|{{sortname|Thurgood|Marshall}} |
||
|August 11, 1965 |
|{{dts|August 11, 1965}} |
||
|{{dts|August 30, 1967}} |
|||
|rowspan=2 |[[Lyndon B. Johnson|Lyndon Johnson]] |
|||
|rowspan=2 style="background: {{party color|Democratic Party (United States)}};" | |
|||
|rowspan=2 |{{sortname|Lyndon|Johnson|Lyndon B. Johnson}} |
|||
|- |
|- |
||
|[[File:Griswolderwin.jpg|75px]] |
|[[File:Griswolderwin.jpg|75px]] |
||
| |
|{{sortname|Erwin|Griswold}} |
||
|October 12, 1967 |
|{{dts|October 12, 1967}} |
||
|{{dts|June 25, 1973}} |
|||
|- |
|- |
||
|rowspan=2 |[[File:Robert Bork.jpg|75px]] |
|rowspan=2 |[[File:Robert Bork.jpg|75px]] |
||
|rowspan=2 | |
|rowspan=2 |{{sortname|Robert|Bork}} |
||
|rowspan=2 |June 27, 1973 |
|rowspan=2 |{{dts|June 27, 1973}} |
||
|rowspan=2 |{{dts|January 20, 1977}} |
|||
|style="background: {{party color|Republican Party (United States)}};" | |
|||
|[[Richard Nixon]] |
|||
|{{sortname|Richard|Nixon}} |
|||
|- |
|- |
||
|style="background: {{party color|Republican Party (United States)}};" | |
|||
|[[Gerald Ford]] |
|||
|{{sortname|Gerald|Ford}} |
|||
|- |
|- |
||
|[[File:Daniel Mortimer Friedman CAFC portrait.jpg|75px]] |
|[[File:Daniel Mortimer Friedman CAFC portrait.jpg|75px]] |
||
| |
|{{sortname|Daniel|Friedman|Daniel Mortimer Friedman}}<br>{{small|Acting}} |
||
|January 20, 1977 |
|{{dts|January 20, 1977}} |
||
|{{dts|March 4, 1977}} |
|||
|rowspan=2 |[[Jimmy Carter]] |
|||
|rowspan=2 style="background: {{party color|Democratic Party (United States)}};" | |
|||
|rowspan=2 |{{sortname|Jimmy|Carter}} |
|||
|- |
|- |
||
|[[File:Wademccree.jpg|75px]] |
|[[File:Wademccree.jpg|75px]] |
||
| |
|{{sortname|Wade|McCree|Wade H. McCree}} |
||
|March 4, 1977 |
|{{dts|March 4, 1977}} |
||
|{{dts|January 20, 1981}} |
|||
|- |
|- |
||
|[[File:Rex Lee-large.jpg|75px]] |
|[[File:Rex Lee-large.jpg|75px]] |
||
| |
|{{sortname|Rex|Lee|Rex E. Lee}} |
||
|August 6, 1981 |
|{{dts|August 6, 1981}} |
||
|{{dts|June 1, 1985}} |
|||
|rowspan=2 |[[Ronald Reagan]] |
|||
|rowspan=2 style="background: {{party color|Republican Party (United States)}};" | |
|||
|rowspan=2 |{{sortname|Ronald|Reagan}} |
|||
|- |
|- |
||
|[[File:Charles Fried.jpg|75px]] |
|[[File:Charles Fried.jpg|75px]] |
||
| |
|{{sortname|Charles|Fried}} |
||
| |
|{{dts|June 1, 1985}}<br>{{small|Acting: June 1, 1985 – October 23, 1985}} |
||
|{{dts|January 20, 1989}} |
|||
|- |
|- |
||
|[[File:William Curtis Bryson (cropped).jpg|75px]] |
|[[File:William Curtis Bryson (cropped).jpg|75px]] |
||
| |
|{{sortname|William|Bryson|William Curtis Bryson}}<br>{{small|Acting}} |
||
|January 20, 1989 |
|{{dts|January 20, 1989}} |
||
|{{dts|May 27, 1989}} |
|||
|rowspan=2 |[[George H. W. Bush]] |
|||
|rowspan=2 style="background: {{party color|Republican Party (United States)}};" | |
|||
|rowspan=2 |{{sortname|George H. W.|Bush}} |
|||
|- |
|- |
||
|[[File:Kenneth W. Starr.jpg|75px]] |
|[[File:Kenneth W. Starr.jpg|75px]] |
||
| |
|{{sortname|Ken|Starr}} |
||
|May 27, 1989 |
|{{dts|May 27, 1989}} |
||
|{{dts|January 20, 1993}} |
|||
|- |
|- |
||
|[[File:William Curtis Bryson (cropped).jpg|75px]] |
|[[File:William Curtis Bryson (cropped).jpg|75px]] |
||
| |
|{{sortname|William|Bryson|William Curtis Bryson}}<br>{{small|Acting}} |
||
|January 20, 1993 |
|{{dts|January 20, 1993}} |
||
|{{dts|June 7, 1993}} |
|||
|rowspan=4 |[[Bill Clinton]] |
|||
|rowspan=4 style="background: {{party color|Democratic Party (United States)}};" | |
|||
|rowspan=4 |{{sortname|Bill|Clinton}} |
|||
|- |
|- |
||
|[[File:Drew S. Days, III.jpg|75px]] |
|[[File:Drew S. Days, III.jpg|75px]] |
||
| |
|{{sortname|Drew|Days|Drew S. Days III}} |
||
|June 7, 1993 |
|{{dts|June 7, 1993}} |
||
|{{dts|June 28, 1996}} |
|||
|- |
|- |
||
|[[File:Walter E. Dellinger III.jpg|75px]] |
|[[File:Walter E. Dellinger III.jpg|75px]] |
||
| |
|{{sortname|Walter|Dellinger}}<br>{{small|Acting}} |
||
|June 28, 1996 |
|{{dts|June 28, 1996}} |
||
|{{dts|November 7, 1997}} |
|||
|- |
|- |
||
|[[File:Waxman.jpg|75px]] |
|[[File:Waxman.jpg|75px]] |
||
| |
|{{sortname|Seth|Waxman|Seth P. Waxman}} |
||
|November 7, 1997 |
|{{dts|November 7, 1997}} |
||
|{{dts|January 20, 2001}} |
|||
|- |
|- |
||
|[[File:No image.svg|75px]] |
|[[File:No image.svg|75px]] |
||
| |
|{{sortname|Barbara|Underwood}}<br>{{small|Acting}} |
||
|January 20, 2001 |
|{{dts|January 20, 2001}} |
||
|{{dts|June 13, 2001}} |
|||
|rowspan=4 |[[George W. Bush]] |
|||
|rowspan=4 style="background: {{party color|Republican Party (United States)}};" | |
|||
|rowspan=4 |{{sortname|George W.|Bush}} |
|||
|- |
|- |
||
|[[File:Theodore Olson.jpg|75px]] |
|[[File:Theodore Olson.jpg|75px]] |
||
| |
|{{sortname|Ted|Olson|Theodore Olson}} |
||
|June 13, 2001 |
|{{dts|June 13, 2001}} |
||
|{{dts|July 13, 2004}} |
|||
|- |
|- |
||
|[[File:Paul D. Clement.jpg|75px]] |
|[[File:Paul D. Clement.jpg|75px]] |
||
| |
|{{sortname|Paul|Clement}} |
||
| |
|{{dts|July 13, 2004}}<br>{{small|Acting: July 13, 2004 – June 13, 2005}} |
||
|{{dts|June 2, 2008}} |
|||
|- |
|- |
||
|[[File:Gregory G. Garre.jpg|75px]] |
|[[File:Gregory G. Garre.jpg|75px]] |
||
| |
|{{sortname|Gregory|Garre|Gregory G. Garre}} |
||
| |
|{{dts|June 2, 2008}}<br>{{small|Acting: June 2, 2008 – October 2, 2008}} |
||
|{{dts|January 20, 2009}} |
|||
|- |
|- |
||
|[[File:Edwin Kneedler.jpg|75px]] |
|[[File:Edwin Kneedler.jpg|75px]] |
||
| |
|{{sortname|Edwin|Kneedler}}<br>{{small|Acting}} |
||
|January 20, 2009 |
|{{dts|January 20, 2009}} |
||
|{{dts|March 20, 2009}} |
|||
|rowspan=5 |[[Barack Obama]] |
|||
|rowspan=5 style="background: {{party color|Democratic Party (United States)}};" | |
|||
|rowspan=5 |{{sortname|Barack|Obama}} |
|||
|- |
|- |
||
|[[File:Elena Kagan SCOTUS portrait.jpg|75px]] |
|[[File:Elena Kagan SCOTUS portrait.jpg|75px]] |
||
| |
|{{sortname|Elena|Kagan}} |
||
|March 20, 2009 |
|{{dts|March 20, 2009}} |
||
|{{dts|May 17, 2010}} |
|||
|- |
|- |
||
|[[File:Neal Katyal portrait.jpg|75px]] |
|[[File:Neal Katyal portrait.jpg|75px]] |
||
| |
|{{sortname|Neal|Katyal}}<br>{{small|Acting}} |
||
|May 17, 2010 |
|{{dts|May 17, 2010}} |
||
|{{dts|June 9, 2011}} |
|||
|- |
|- |
||
|[[File:Donald Verrilli -DOJ Portrait-.jpg|75px]] |
|[[File:Donald Verrilli -DOJ Portrait-.jpg|75px]] |
||
| |
|{{sortname|Don|Verrilli|Donald B. Verrilli Jr.}} |
||
|June 9, 2011 |
|{{dts|June 9, 2011}} |
||
|{{dts|June 25, 2016}} |
|||
|- |
|- |
||
|[[File:Official-gershengorn.jpg|75px]] |
|[[File:Official-gershengorn.jpg|75px]] |
||
| |
|{{sortname|Ian|Gershengorn|Ian Heath Gershengorn}}<br>{{small|Acting}} |
||
|June 25, 2016 |
|{{dts|June 25, 2016}} |
||
|{{dts|January 20, 2017}} |
|||
|- |
|- |
||
|[[File:Noel Francisco official photo (cropped).jpg|75px]] |
|[[File:Noel Francisco official photo (cropped).jpg|75px]] |
||
| |
|{{sortname|Noel|Francisco}}<br>{{small|Acting}} |
||
|January 20, 2017 |
|{{dts|January 20, 2017}} |
||
|{{dts|March 10, 2017}} |
|||
|rowspan=4 |[[Donald Trump]] |
|||
|rowspan=4 style="background: {{party color|Republican Party (United States)}};" | |
|||
|rowspan=4 |{{sortname|Donald|Trump}} |
|||
|- |
|- |
||
|[[File:No image.svg|75px]] |
|[[File:No image.svg|75px]] |
||
| |
|{{sortname|Jeff|Wall|dab=lawyer}}<br>{{small|Acting}} |
||
|March 10, 2017 |
|{{dts|March 10, 2017}} |
||
|{{dts|September 19, 2017}} |
|||
|- |
|- |
||
|[[File:Noel Francisco official photo (cropped).jpg|75px]] |
|[[File:Noel Francisco official photo (cropped).jpg|75px]] |
||
| |
|{{sortname|Noel|Francisco}} |
||
|September 19, 2017 |
|{{dts|September 19, 2017}} |
||
|{{dts|July 3, 2020}} |
|||
|- |
|- |
||
|[[File:No image.svg|75px]] |
|[[File:No image.svg|75px]] |
||
| |
|{{sortname|Jeff|Wall|dab=lawyer}}<br>{{small|Acting}} |
||
|July 3, 2020 |
|{{dts|July 3, 2020}} |
||
|{{dts|January 20, 2021}} |
|||
|- |
|- |
||
|[[File:Elizabeth Barchas Prelogar, Solicitor General.png|75px]] |
|[[File:Elizabeth Barchas Prelogar, Solicitor General.png|75px]] |
||
| |
|{{sortname|Elizabeth|Prelogar}}<br>{{small|Acting}} |
||
|{{dts|January 20, 2021}} |
|||
| |
|{{dts|August 11, 2021}} |
||
|rowspan=3 style="background: {{party color|Democratic Party (United States)}};" | |
|||
| |
|rowspan=3 |{{sortname|Joe|Biden}} |
||
|- |
|- |
||
|[[File:No image.svg|75px]] |
|[[File:No image.svg|75px]] |
||
| |
|{{sortname|Brian|Fletcher|dab=attorney}}<br>{{small|Acting}} |
||
|August 11, 2021 |
|{{dts|August 11, 2021}} |
||
|{{dts|October 28, 2021}} |
|||
|- |
|- |
||
|[[File:Elizabeth Barchas Prelogar, Solicitor General.png|75px]] |
|[[File:Elizabeth Barchas Prelogar, Solicitor General.png|75px]] |
||
| |
|{{sortname|Elizabeth|Prelogar}} |
||
|October 28, 2021 |
|{{dts|October 28, 2021}} |
||
|present |
|||
|} |
|} |
||
Line 346: | Line 430: | ||
==List of notable principal deputy solicitors general== |
==List of notable principal deputy solicitors general== |
||
*[[Paul M. Bator]] – 1982 to 1983 |
*[[Paul M. Bator]] – October 1982 to December 1983 |
||
*[[Donald B. Ayer]] – June 1986 to December 1988 |
*[[Donald B. Ayer]] – June 1986 to December 1988 |
||
*[[John Roberts]] – October |
*[[John Roberts]] – October 1989 to January 1993<ref>{{cite web |url=http://leahy.senate.gov/DOX/SC/RobertsAnswersQuestionnairepp1-25part1.pdf |title=Archived copy |website=leahy.senate.gov |access-date=12 January 2022 |archive-url=https://web.archive.org/web/20060130190201/http://leahy.senate.gov/DOX/SC/RobertsAnswersQuestionnairepp1-25part1.pdf |archive-date=30 January 2006 |url-status=dead}}</ref><ref>[https://www.supremecourt.gov/about/biographies.aspx Biographies of Current Justices of the Supreme Court].</ref> (became Chief Justice) |
||
*[[Paul Bender (jurist)|Paul Bender |
*[[Paul Bender (jurist)|Paul Bender]] – 1993 to 1996 |
||
*[[Seth Waxman]] – 1996 to November 13, 1997 (became Solicitor General) |
*[[Seth Waxman]] – 1996 to November 13, 1997 (became Solicitor General) |
||
*[[Barbara Underwood]] – March 23, 1998 to June 11, 2001 (acting SG from January to June 2001)<ref>Stephanie Woodrow, [http://www.mainjustice.com/2010/12/23/ex-prosecutor-to-join-new-york-ag-office/ Ex-Prosecutor to Join New York Attorney General's Office], Main Justice, December 23, 2010.</ref> |
*[[Barbara Underwood]] – March 23, 1998 to June 11, 2001 (acting SG from January to June 2001)<ref>Stephanie Woodrow, [http://www.mainjustice.com/2010/12/23/ex-prosecutor-to-join-new-york-ag-office/ Ex-Prosecutor to Join New York Attorney General's Office], Main Justice, December 23, 2010.</ref> |
||
Line 355: | Line 439: | ||
*[[Gregory G. Garre]] – September 2005 - June 19, 2008 (became acting SG) |
*[[Gregory G. Garre]] – September 2005 - June 19, 2008 (became acting SG) |
||
*[[Neal Katyal]] – February 3, 2009 to May 17, 2010 (became acting SG)<ref>Tom Goldstein, [http://www.scotusblog.com/2009/01/neal-katyal-to-be-principal-deputy-solicitor-general/ Neal Katyal to be Principal Deputy Solicitor General], SCOTUSblog, January 17, 2009.</ref><ref>Brent Kendall, [https://blogs.wsj.com/law/2012/05/20/feds-prevail-in-spat-with-former-acting-solicitor-general/ Feds Prevail in Spat with Former Acting Solicitor General], ''Wall Street Journal'', May 20, 2012</ref> |
*[[Neal Katyal]] – February 3, 2009 to May 17, 2010 (became acting SG)<ref>Tom Goldstein, [http://www.scotusblog.com/2009/01/neal-katyal-to-be-principal-deputy-solicitor-general/ Neal Katyal to be Principal Deputy Solicitor General], SCOTUSblog, January 17, 2009.</ref><ref>Brent Kendall, [https://blogs.wsj.com/law/2012/05/20/feds-prevail-in-spat-with-former-acting-solicitor-general/ Feds Prevail in Spat with Former Acting Solicitor General], ''Wall Street Journal'', May 20, 2012</ref> |
||
*[[Leondra Kruger]] – acting principal deputy SG named |
*[[Leondra Kruger]] – acting principal deputy SG named on May 17, 2010, to June 9, 2011 (became California Supreme Court Associate Justice)<ref>Ashby Jones, [https://blogs.wsj.com/law/2010/08/10/doj-taps-34-year-old-for-high-ranking-position-in-sgs-office/ DOJ Taps 34-Year-Old for High-Ranking Position in SG's Office], ''Wall Street Journal'', August 10, 2010</ref><ref>Tony Mauro, [http://legaltimes.typepad.com/blt/2010/08/kruger-named-to-acting-principal-deputy-sg-post.html Surprise Appointment in SG's Office], The BLT: The Blog of the Legal Times, August 10, 2010.</ref> |
||
*[[Neal Katyal]] – June 9, 2011 to August 26, 2011 |
*[[Neal Katyal]] – June 9, 2011 to August 26, 2011 |
||
*[[Sri Srinivasan]] – August 26, 2011 to May 24, 2013 (became Chief Judge of D.C. Circuit)<ref>U.S. Department of Justice, [https://www.justice.gov/opa/pr/2011/August/11-osg-1096.html Solicitor General Donald B. Verrilli Appoints Sri Srinivasan as Principal Deputy Solicitor General], August 26, 2011.</ref><ref>[http://www.cadc.uscourts.gov/internet/home.nsf/Content/VL+-+Judges+-+SS Sri Srinivasan], U.S. Court of Appeals for the District of Columbia Circuit</ref> |
*[[Sri Srinivasan]] – August 26, 2011 to May 24, 2013 (became Chief Judge of D.C. Circuit)<ref>U.S. Department of Justice, [https://www.justice.gov/opa/pr/2011/August/11-osg-1096.html Solicitor General Donald B. Verrilli Appoints Sri Srinivasan as Principal Deputy Solicitor General], August 26, 2011.</ref><ref>[http://www.cadc.uscourts.gov/internet/home.nsf/Content/VL+-+Judges+-+SS Sri Srinivasan], U.S. Court of Appeals for the District of Columbia Circuit</ref> |
||
Line 362: | Line 446: | ||
*[[Jeff Wall (lawyer)|Jeff Wall]] – March 10, 2017 to January 20, 2021 (became Acting SG)<ref>{{cite web|url=https://twitter.com/chrisgeidner/status/841398684260679680|title=Chris Geidner on Twitter: "Big news in here: Jeff Wall (Trump-era hire, came from Sullivan & Cromwell, is returning to DOJ) is now the US acting solicitor general."|date=March 13, 2017|website=[[Twitter]]|access-date=July 7, 2020}}</ref><ref name=WallActingSG>{{cite news|url=https://www.law.com/nationallawjournal/2020/06/17/dojs-jeffrey-wall-will-be-acting-us-solicitor-as-noel-francisco-heads-out/|title=DOJ's Jeffrey Wall Will Be Acting US Solicitor, as Noel Francisco Heads Out|date=June 17, 2020|work=[[Law.com]]|access-date=July 7, 2020}}</ref> |
*[[Jeff Wall (lawyer)|Jeff Wall]] – March 10, 2017 to January 20, 2021 (became Acting SG)<ref>{{cite web|url=https://twitter.com/chrisgeidner/status/841398684260679680|title=Chris Geidner on Twitter: "Big news in here: Jeff Wall (Trump-era hire, came from Sullivan & Cromwell, is returning to DOJ) is now the US acting solicitor general."|date=March 13, 2017|website=[[Twitter]]|access-date=July 7, 2020}}</ref><ref name=WallActingSG>{{cite news|url=https://www.law.com/nationallawjournal/2020/06/17/dojs-jeffrey-wall-will-be-acting-us-solicitor-as-noel-francisco-heads-out/|title=DOJ's Jeffrey Wall Will Be Acting US Solicitor, as Noel Francisco Heads Out|date=June 17, 2020|work=[[Law.com]]|access-date=July 7, 2020}}</ref> |
||
*[[Elizabeth Prelogar]] – January 20, 2021 - October 28, 2021 (became SG) |
*[[Elizabeth Prelogar]] – January 20, 2021 - October 28, 2021 (became SG) |
||
*[[Brian Fletcher (attorney)|Brian Fletcher]] - October 28, 2021 |
*[[Brian Fletcher (attorney)|Brian Fletcher]] - October 28, 2021 – Present (became Acting SG) |
||
==Notes== |
==Notes== |
||
Line 374: | Line 458: | ||
==External links== |
==External links== |
||
*{{official website}} |
*{{official website}} |
||
*[https://www.justice.gov/osg/supreme-court-briefs Solicitor General Supreme Court briefs] |
|||
{{USSolGen}} |
{{USSolGen}} |
||
Line 380: | Line 465: | ||
{{DEFAULTSORT:Solicitor General Of The United States}} |
{{DEFAULTSORT:Solicitor General Of The United States}} |
||
[[Category:United States Solicitors General|United States Solicitors General]] |
[[Category:United States Solicitors General| United States Solicitors General]] |
||
[[Category:Supreme Court of the United States people]] |
[[Category:Supreme Court of the United States people]] |
||
[[Category:United States Department of Justice officials]] |
Revision as of 09:12, 27 June 2024
Solicitor General of the United States | |
---|---|
Flag of the United States Solicitor General | |
Department of Justice | |
Style | Mr. or Madam Solicitor General |
Reports to | Attorney General |
Seat | Supreme Court Building and Department of Justice Headquarters |
Appointer | The President with Senate advice and consent |
Constituting instrument | 28 U.S.C. § 505 |
Formation | October 1870 |
First holder | Benjamin Bristow |
Deputy | Principal Deputy Solicitor General |
Website | justice.gov/osg |
The Solicitor General of the United States (USSG or SG), the fourth-highest-ranking official within the United States Department of Justice,[1] represents the federal government in cases before the Supreme Court of the United States. The Solicitor General is appointed by the President and reports directly to the United States Attorney General.
The Solicitor General's office argues on behalf of the federal government in almost every Supreme Court case in which the United States is a party and also argues in most cases in which the government has filed a brief as amicus curiae. In the United States courts of appeals, the Solicitor General's office reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The Solicitor General's office also reviews cases decided against the United States in the United States district courts and decides the whether government will file an appeal.
Elizabeth Prelogar has served as Solicitor General since October 28, 2021.
Composition of the Office of the Solicitor General
The solicitor general is assisted by four deputy solicitors general and seventeen assistants to the solicitor general. Three of the deputies are career attorneys in the Department of Justice. The remaining deputy is known as the principal deputy, sometimes called the political deputy and, like the solicitor general, typically leaves at the end of an administration.
The solicitor general or one of the deputies typically argues the most important cases in the Supreme Court. Other cases may be argued by one of the assistants or another government attorney. The solicitors general tend to argue six to nine cases per Supreme Court term, while deputies argue four to five cases and assistants each argue two to three cases.[2]
Significance
The solicitor general, who has offices in the Supreme Court Building as well as the Department of Justice headquarters, has been called the "tenth justice"[3] as a result of the close relationship between the justices and the solicitor general (and their respective staffs of clerks and deputies). As the most frequent advocate before the Court, the Office of the Solicitor General generally argues dozens of times each term. Furthermore, when the Office of the Solicitor General endorses a petition for certiorari, review is frequently granted, which is influential given that only 75 to 125 of the over 7,500 petitions submitted each term are granted review by the Court.[4]
The solicitor general is considered an influential and knowledgeable member of the legal community with regard to Supreme Court litigation.[citation needed] Six solicitors general have later served on the Supreme Court: William Howard Taft (who served as the 27th president of the United States before becoming chief justice of the United States), Stanley Forman Reed, Robert H. Jackson, Thurgood Marshall, and Elena Kagan. Some who have had other positions in the Office of the Solicitor General have also later been appointed to the Supreme Court. For example, Chief Justice John Roberts was the principal deputy solicitor general during the George H. W. Bush administration and Associate Justice Samuel Alito was an assistant to the solicitor general. The last former solicitor general to be successfully nominated to the court was Justice Elena Kagan.[5] Only one former solicitor general has been nominated to the Supreme Court unsuccessfully, that being Robert Bork; however, no sitting solicitor general has ever been denied such an appointment. Eight other solicitors general have served on the United States Courts of Appeals.[citation needed]
Within the Justice Department, the solicitor general exerts significant influence on all appeals brought by the department. The solicitor general is the only U.S. officer that is statutorily required to be "learned in the law".[6] Whenever the DOJ wins at the trial stage and the losing party appeals, the concerned division of the DOJ responds automatically and proceeds to defend the ruling in the appellate process. However, if the DOJ is the losing party at the trial stage, an appeal can only be brought with the permission of the solicitor general. For example, should the tort division lose a jury trial in federal district court, that ruling cannot be appealed by the Appellate Office without the approval of the solicitor general.
Call for the views of the solicitor general
When determining whether to grant certiorari in a case where the federal government is not a party, the Court will sometimes request that the solicitor general weigh in, a procedure referred to as a "call for the views of the solicitor general" (CVSG).[7] In response to a CVSG, the solicitor general will file a brief opining on whether the petition should be granted and, usually, which party should prevail.[8]
Although the CVSG is technically an invitation, the solicitor general's office treats it as tantamount to a command.[8] Philip Elman, who served as an attorney in the solicitor general's office and who was the primary author of the federal government's brief in Brown v. Board of Education, wrote, "When the Supreme Court invites you, that's the equivalent of a royal command. An invitation from the Supreme Court just can't be rejected."[9][10]
The Court typically issues a CVSG where the justices believe that the petition is important, and may be considering granting it, but would like a legal opinion before making that decision.[9] Examples include where there is a federal interest involved in the case; where there is a new issue for which there is no established precedent; or where an issue has evolved, perhaps becoming more complex or affecting other issues.[9]
Although there is usually no deadline by which the solicitor general is required to respond to a CVSG, briefs in response to the CVSG are generally filed at three times of the year: late May, allowing the petition to be considered before the Court breaks for summer recess; August, allowing the petition to go on the "summer list", to be considered at the end of recess; and December, allowing the case to be argued in the remainder of the current Supreme Court term.[8]
The Supreme Court has also occasionally invited a state attorney general to express a view on a petition related to that state. In 2009, for the first time, the invitation was directed instead to a state solicitor general,[11] James Ho of Texas, earning the request the nickname "CVSG-Texas."[12]
Traditions
Several traditions have developed since the Office of Solicitor General was established in 1870. Most obviously to spectators at oral argument before the Court, the solicitor general and his or her deputies traditionally appear in formal morning coats,[13] although Elena Kagan, the first woman to hold the office on other than an acting basis, elected to forgo the practice.[14]
During oral argument, the members of the Court often address the solicitor general as "General." Some legal commentators such as Michael Herz and Timothy Sandefur have disagreed with this usage, saying that "general" is a postpositive adjective (which modifies the noun "solicitor"), and is not a title itself.[15][16]
Another tradition is the practice of confession of error. If the government prevailed in the lower court but the solicitor general disagrees with the result, the solicitor general may confess error, after which the Supreme Court will vacate the lower court's ruling and send the case back for reconsideration.[17]
List of solicitors general
Image | Name | Start | End | President | |
---|---|---|---|---|---|
Benjamin Bristow | October 11, 1870 | November 15, 1872 | Ulysses Grant | ||
Samuel Phillips | December 11, 1872 | May 1, 1885 | |||
John Goode | May 1, 1885 | August 5, 1886 | Grover Cleveland | ||
George Jenks | July 30, 1886 | May 29, 1889 | |||
Orlow Chapman | May 29, 1889 | January 19, 1890 | Benjamin Harrison | ||
William Taft | February 4, 1890 | March 20, 1892 | |||
Charles Aldrich | March 21, 1892 | May 28, 1893 | |||
Lawrence Maxwell | April 6, 1893 | January 30, 1895 | Grover Cleveland | ||
Holmes Conrad | February 6, 1895 | July 1, 1897 | |||
John Richards | July 6, 1897 | March 16, 1903 | William McKinley | ||
Henry Hoyt | February 25, 1903 | March 31, 1909 | Theodore Roosevelt | ||
Lloyd Bowers | April 1, 1909 | September 9, 1910 | William Taft | ||
Frederick Lehmann | December 12, 1910 | July 15, 1912 | |||
William Bullitt | July 16, 1912 | March 11, 1913 | |||
John Davis | August 30, 1913 | November 26, 1918 | Woodrow Wilson | ||
Alexander King | November 27, 1918 | May 23, 1920 | |||
William Frierson | June 1, 1920 | June 30, 1921 | |||
James Beck | June 1, 1921 | May 11, 1925 | Warren Harding | ||
William Mitchell | June 4, 1925 | March 5, 1929 | Calvin Coolidge | ||
Charles Hughes | May 27, 1929 | April 16, 1930 | Herbert Hoover | ||
Thomas Thacher | March 22, 1930 | May 4, 1933 | |||
James Biggs | May 5, 1933 | March 24, 1935 | Franklin Roosevelt | ||
Stanley Reed | March 25, 1935 | January 30, 1938 | |||
Robert Jackson | March 5, 1938 | January 17, 1940 | |||
Francis Biddle | January 22, 1940 | September 4, 1941 | |||
Charles Fahy | November 15, 1941 | September 27, 1945 | |||
Howard McGrath | October 4, 1945 | October 7, 1946 | Harry Truman | ||
Philip Perlman | July 30, 1947 | August 15, 1952 | |||
Walter Cummings | December 2, 1952 | March 1, 1953 | |||
Simon Sobeloff | February 10, 1954 | July 19, 1956 | Dwight Eisenhower | ||
Lee Rankin | August 4, 1956 | January 23, 1961 | |||
Archibald Cox | January 24, 1961 | July 31, 1965 | John F. Kennedy | ||
Thurgood Marshall | August 11, 1965 | August 30, 1967 | Lyndon Johnson | ||
Erwin Griswold | October 12, 1967 | June 25, 1973 | |||
Robert Bork | June 27, 1973 | January 20, 1977 | Richard Nixon | ||
Gerald Ford | |||||
Daniel Friedman Acting |
January 20, 1977 | March 4, 1977 | Jimmy Carter | ||
Wade McCree | March 4, 1977 | January 20, 1981 | |||
Rex Lee | August 6, 1981 | June 1, 1985 | Ronald Reagan | ||
Charles Fried | June 1, 1985 Acting: June 1, 1985 – October 23, 1985 |
January 20, 1989 | |||
William Bryson Acting |
January 20, 1989 | May 27, 1989 | George H. W. Bush | ||
Ken Starr | May 27, 1989 | January 20, 1993 | |||
William Bryson Acting |
January 20, 1993 | June 7, 1993 | Bill Clinton | ||
Drew Days | June 7, 1993 | June 28, 1996 | |||
Walter Dellinger Acting |
June 28, 1996 | November 7, 1997 | |||
Seth Waxman | November 7, 1997 | January 20, 2001 | |||
Barbara Underwood Acting |
January 20, 2001 | June 13, 2001 | George W. Bush | ||
Ted Olson | June 13, 2001 | July 13, 2004 | |||
Paul Clement | July 13, 2004 Acting: July 13, 2004 – June 13, 2005 |
June 2, 2008 | |||
Gregory Garre | June 2, 2008 Acting: June 2, 2008 – October 2, 2008 |
January 20, 2009 | |||
Edwin Kneedler Acting |
January 20, 2009 | March 20, 2009 | Barack Obama | ||
Elena Kagan | March 20, 2009 | May 17, 2010 | |||
Neal Katyal Acting |
May 17, 2010 | June 9, 2011 | |||
Don Verrilli | June 9, 2011 | June 25, 2016 | |||
Ian Gershengorn Acting |
June 25, 2016 | January 20, 2017 | |||
Noel Francisco Acting |
January 20, 2017 | March 10, 2017 | Donald Trump | ||
Jeff Wall Acting |
March 10, 2017 | September 19, 2017 | |||
Noel Francisco | September 19, 2017 | July 3, 2020 | |||
Jeff Wall Acting |
July 3, 2020 | January 20, 2021 | |||
Elizabeth Prelogar Acting |
January 20, 2021 | August 11, 2021 | Joe Biden | ||
Brian Fletcher Acting |
August 11, 2021 | October 28, 2021 | |||
Elizabeth Prelogar | October 28, 2021 | present |
Note: Some terms overlap because the incumbent remained in office after a successor was named. The office has been vacant at times while awaiting the nomination or confirmation of a successor.
List of notable principal deputy solicitors general
- Paul M. Bator – October 1982 to December 1983
- Donald B. Ayer – June 1986 to December 1988
- John Roberts – October 1989 to January 1993[18][19] (became Chief Justice)
- Paul Bender – 1993 to 1996
- Seth Waxman – 1996 to November 13, 1997 (became Solicitor General)
- Barbara Underwood – March 23, 1998 to June 11, 2001 (acting SG from January to June 2001)[20]
- Paul D. Clement – February 2001 to July 11, 2004 (became acting SG)[21][22]
- Gregory G. Garre – September 2005 - June 19, 2008 (became acting SG)
- Neal Katyal – February 3, 2009 to May 17, 2010 (became acting SG)[23][24]
- Leondra Kruger – acting principal deputy SG named on May 17, 2010, to June 9, 2011 (became California Supreme Court Associate Justice)[25][26]
- Neal Katyal – June 9, 2011 to August 26, 2011
- Sri Srinivasan – August 26, 2011 to May 24, 2013 (became Chief Judge of D.C. Circuit)[27][28]
- Ian Gershengorn – September 2013 to June 25, 2016 (became Acting SG)[29][30]
- Noel Francisco – January 20, 2017 to March 10, 2017 (became SG)
- Jeff Wall – March 10, 2017 to January 20, 2021 (became Acting SG)[31][32]
- Elizabeth Prelogar – January 20, 2021 - October 28, 2021 (became SG)
- Brian Fletcher - October 28, 2021 – Present (became Acting SG)
Notes
- ^ Ginsburg, Benjamin; Lowi, Theodore J.; Weir, Margaret; Tolbert, Caroline J.; Campbell, Andrea L. (2019). We The People: An Introduction to American Politics (12th ed.). New York, New York: W.W. Norton & Company, Inc. p. 612. ISBN 978-0-393-66463-8.
- ^ Bhatia, Kedar S. (April 17, 2011). "Updated Advocate Scorecard (OT00-10)". Daily Writ.
- ^ Caplan, Lincoln (1987). The Tenth Justice: The Solicitor General and the Rule of Law. New York: Knopf.[page needed]
- ^ Thompson, David C.; Wachtell, Melanie F. (2009). "An Empirical Analysis of Supreme Court Certiorari Petition Procedures". George Mason University Law Review. 16 (2): 237, 275. SSRN 1377522.
- ^ Barnes, Robert (May 13, 2010). "In Elena Kagan's work as solicitor general, few clues to her views". ISSN 0190-8286. Retrieved April 28, 2023.
- ^ Waxman, Seth (June 1, 1998). "'Presenting the Case of the United States As It Should Be': The Solicitor General in Historical Context". Journal of Supreme Court History. 23 (2): 3–25. doi:10.1111/j.1540-5818.1998.tb00134.x. S2CID 146716511. Retrieved June 7, 2011.
- ^ Black, Ryan C.; Owens, Ryan J. (April 30, 2012). The Solicitor General and the United States Supreme Court: Executive Branch Influence and Judicial Decisions. Cambridge University Press. pp. 142–143. ISBN 9781107015296. OCLC 761858397.
- ^ a b c McElroy, Lisa (February 10, 2010). ""CVSG"s in plain English". ScotusBlog. Retrieved January 13, 2015.
- ^ a b c Lepore, Stefanie (December 2010). "The Development of the Supreme Court Practice of Calling for the Views of the Solicitor General". Journal of Supreme Court History. 35: 35–53. doi:10.1111/j.1540-5818.2010.01229.x. S2CID 144427264. SSRN 1496643.
- ^ Elman, Philip; Silber, Norman (February 1987). "The Solicitor General's Office, Justice Frankfurter, and Civil Rights Litigation, 1946-1960: An Oral History". Harvard Law Review. 100 (4): 817–852. doi:10.2307/1341096. JSTOR 1341096.
- ^ Amy Howe (December 23, 2009). "New invitation brief from Texas Solicitor General". SCOTUSblog. Retrieved March 3, 2023.
- ^ Amy Howe (October 5, 2009). "More on CVSG-Texas in Rhine v. Deaton". SCOTUSblog. Retrieved March 3, 2023.
- ^ Suter, William. "Clerk of the U.S. Supreme Court". U.S. Supreme Court Week (Interview). C-SPAN.
- ^ Toobin, Jeffrey. "Money Unlimited, How Chief Justice John Roberts Orchestrated the Citizens United Decision". The New Yorker. Retrieved May 16, 2012.
- ^ Herz, Michael Eric (2003). "Washington, Patton, Schwartzkopf, and . . . Ashcroft?". SSRN Electronic Journal. doi:10.2139/ssrn.366920. ISSN 1556-5068.
- ^ Sandefur, Timothy (2013). "So It's a Tax, Now What: Some of the Problems Remaining after NFIB v. Sebelius". Texas Review of Law and Politics. 17 (2). n.25.
- ^ Bruhl, Aaron (March 1, 2010). "Solicitor General Confessions of Error". PrawfsBlawg. Retrieved February 23, 2011. (Discussing GVRs (grant, vacate, remand) in the context of confessions of error).
- ^ "Archived copy" (PDF). leahy.senate.gov. Archived from the original (PDF) on January 30, 2006. Retrieved January 12, 2022.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Biographies of Current Justices of the Supreme Court.
- ^ Stephanie Woodrow, Ex-Prosecutor to Join New York Attorney General's Office, Main Justice, December 23, 2010.
- ^ S. Hrg. 109-46
- ^ U.S. Department of Justice, Paul Clement to Serve As Acting Solicitor General, July 12, 2004.
- ^ Tom Goldstein, Neal Katyal to be Principal Deputy Solicitor General, SCOTUSblog, January 17, 2009.
- ^ Brent Kendall, Feds Prevail in Spat with Former Acting Solicitor General, Wall Street Journal, May 20, 2012
- ^ Ashby Jones, DOJ Taps 34-Year-Old for High-Ranking Position in SG's Office, Wall Street Journal, August 10, 2010
- ^ Tony Mauro, Surprise Appointment in SG's Office, The BLT: The Blog of the Legal Times, August 10, 2010.
- ^ U.S. Department of Justice, Solicitor General Donald B. Verrilli Appoints Sri Srinivasan as Principal Deputy Solicitor General, August 26, 2011.
- ^ Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
- ^ Tom Goldstein, The new Principal Deputy Solicitor General, SCOTUSblog, August 9, 2013.
- ^ Tony Mauro, Gershengorn Named Principal Deputy Solicitor General, The BLT: The Blog of the Legal Times, August 12, 2013
- ^ "Chris Geidner on Twitter: "Big news in here: Jeff Wall (Trump-era hire, came from Sullivan & Cromwell, is returning to DOJ) is now the US acting solicitor general."". Twitter. March 13, 2017. Retrieved July 7, 2020.
- ^ "DOJ's Jeffrey Wall Will Be Acting US Solicitor, as Noel Francisco Heads Out". Law.com. June 17, 2020. Retrieved July 7, 2020.
References
- Caplan, Lincoln (1987). The Tenth Justice: The Solicitor General and the Rule of Law. New York: Knopf.
- Hall, Kermit L. (1992). The Oxford Guide to the Supreme Court of the United States. New York: Oxford University Press.
- Jost, Kenneth (2012). The Supreme Court A to Z. Los Angeles: CQ Press.