The Supreme Court’s decision last week to appoint H. Bartow Farr and Robert Long to argue in the ACA cases follows in a long tradition of appointing amici to support positions that might not otherwise receive representation at the merits stage. But should positions themselves receive representation? Earlier this year the Stanford Law Review published [...]

Attorneys from the Office of the Solicitor General are scheduled to participate in nine out of the twelve cases scheduled for oral argument during the October sitting. In five cases – Reynolds v. United States, Hosanna-Tabor v. EEOC, Golan v. Holder, Pacific Operators v. Valladolid, Judulang v. Holder – the OSG will represent either the [...]

Michael Dreeben, a Deputy Solicitor General, spent the last semester on leave to teach at Duke University Law School. During his time there, he recorded a nearly hour-long interview that touches on a variety of fascinating topics related to appellate law and Supreme Court litigation. I really can’t loft enough praise on Dreeben. He’s argued [...]

This morning, as I was perusing next month’s hearing list, I noticed a name I wasn’t familiar with: Roy W. McLeese. It isn’t unusual to see an unfamiliar name, but it is rare to see that that name listed as Acting Deputy Solicitor General. When I first read the listing, I was shocked because the [...]

Correction:

Well, I made a mistake yesterday. Relying on the WSJ Law Blog’s onsite observer, I reported that General Kagan had worn a blue pants suit. I was wrong. In fact, the Washington Post and Above the Law are now reporting that General Kagan chose a black suit with a light blue blouse with which to [...]

As Elena Kagan’s debut before the Supreme Court grows closer, I’ve been thinking about how her past experiences will influence her performance as Solicitor General. The fact that I’m reading Between Law & Politics, Richard Pacelle’s fascinating look into the world of the Solicitor General, didn’t hurt either. Before I go any further, I should [...]

I was in Washington earlier today to watch oral arguments in Ricci v. DeStefano, the case in which I filed my own amicus brief. I arrived in Washington around 11:30pm and, after a friend told me that no one was in line at the Court, we got chinese food in Chinatown. We got food and [...]

Barack Obama has announced that he will appoint Harvard Law School Dean Elena Kagen to be his Solicitor General. The two taught together at the University of Chicago in the early 1990s, and before that she clerked for Abner Mikva on the DC Circuit and Thurgood Marshall on the Supreme Court. She clerked for Marshall [...]



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