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Overview:
One of the top officials in the Department of Justice, the United States Solicitor General represents the federal government in cases before the US Supreme Court. The solicitor general also decides when the United States should appeal a case it has lost in lower federal and state courts, when it should file a brief amicus curiae and when the United States should intervene to defend the constitutionality of an act of Congress. During the years of the Bush administration, the solicitor general has been deeply involved in legal proceedings designed to expand the White House’s efforts to spy on and indefinitely jail terrorism suspects.
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History:
As part of the first four cabinet positions to assist the President, the US Attorney General was established under the Judiciary Act of 1789. The act provided that the AG “prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned.” Unlike the other cabinet posts, the AG was not in charge of a department (the Department of Justice would be created later), and the nation’s top legal officer was not given any staff during its first few decades.
 
After several failed attempts to convince Congress to expand the office of the Attorney General, legislation was adopted in 1829. But the measure, led by Senator Daniel Webster, did not bolster the capability of the AG. Instead, it created a Solicitor of the Treasury with authority over all Treasury lawsuits and to provide rules for the district attorneys around the country to follow in regard to all civil litigation in which the United States was a party.
 
Supporters of the AG were not happy with Webster’s legislation and continued over the next several decades to advocate, both in Congress and for a presidential executive order, to give greater legal authority to the Attorney General, including placing the oversight of the district attorneys under the AG.
 
In June 1868 Congress authorized the Attorney General to control all government litigation in the Court of Claims and provided for the creation of two Assistant Attorneys General and additional clerical staff. Two years later, lawmakers established the Department of Justice, which further expanded the legal operations and authority of the AG. Included in the new Justice Department was the position of solicitor general, designated to represent the United States in court.
 
The first men to serve as solicitor general argued dozens of cases before the US Supreme Court on behalf of the federal government. These duties took up so much time that the solicitor general was unable to address legal matters in lower courts. To fix this shortcoming, Congress in 1930 created the position of assistant solicitor general to relieve some of the legal duties of the solicitor general. Later, the position of assistant solicitor general was renamed the assistant attorney general for legal counsel.
 
In time, the responsibility of representing the US government in lower courts was moved entirely out of the solicitor general’s office, along with other administrative duties with which it was originally charged. However, the solicitor general has not lacked for work. In 1998, the office handled 2,800 cases before the US Supreme Court.

 

The Solicitor General in Historical Context

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What it Does:
The United States Solicitor General functions as the federal government’s trial lawyer in matters before the US Supreme Court. In addition to this function, the solicitor general decides when the United States should appeal a case it has lost in lower federal and state courts, when it should file a brief amicus curiae and when the United States should intervene to defend the constitutionality of an act of Congress. The United States is involved in approximately two-thirds of all the cases the US Supreme Court hears each year.
 
The solicitor general is the fourth-ranking officer in the US Justice Department behind the US Attorney General, the Deputy Attorney General and the Associate Attorney General.
 
The Office of the Solicitor General consists of four deputy solicitors general and 17 assistants to the solicitor general, as well as support staff, who participate in preparing the petitions, briefs and other papers filed by the government in the Supreme Court. The solicitor general conducts the oral arguments before the Supreme Court. Those cases not argued by the solicitor general personally are assigned either to an assistant to the solicitor general or to another government attorney. The vast majority of government cases are argued by the solicitor general or one of the office attorneys.
 

The solicitor general has been nicknamed the “10th justice” because of the amount of time he spends before the Supreme Court and the frequent interactions between staffs of both the court and the solicitor’s office. As a result of the time spent arguing before the highest court in the land, the solicitor general is considered to be among the most influential and knowledgeable people about the Supreme Court and constitutional law, other than the justices themselves. Many in the legal world consider the solicitor general to be the highest office that a practicing trial lawyer can attain in the United States—even higher than the Attorney General, which is regarded more as a political job.

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Where Does the Money Go:

 

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Controversies:
Olson Presents Case for Secret Wire Taps
Created in 1978, the ultra-secret Foreign Intelligence Surveillance Court did not conduct its first formal hearing until 2002, at the request of the Bush administration. Leading a high-powered group of attorneys and administration officials was then Solicitor General Theodore Olson, who pleaded for permission to expand the jurisdiction of the Foreign Intelligence Surveillance Act to allow prosecutors and local law enforcement agencies to be involved in the administration’s surveillance program of suspected terrorists and to have access to confidential information.
 
Olson also argued that by approving the administration’s surveillance requests, the FISC would help law enforcement uncover information about suspects that, even if it was unrelated to terrorism, might be useful to blackmail or intimidate a terrorism suspect into cooperating with the authorities.
 
The solicitor general further asked for the court to allow an important change in the wording of warrants that could have allowed the government to greatly expand its spying targets. When the FISC judges questioned Olson on what the expanded surveillance powers would be used for, the solicitor general avoided answering directly, much to the frustration of one judge.
What is the Bush Administration Trying to Hide? (by David Wallechinsky, Huffington Post)
 
America a Battlefield, Says Clement
As part of the Bush administration’s hard-line approach with suspected terrorists in custody, Solicitor General Paul Clement argued before a federal appeals court in 2005 that the federal government was within its legal rights to jail a US citizen indefinitely. The matter involved Jose Padilla, a former Chicago gang member and Muslim convert, who was taken into custody by the military on June 9, 2002, and had been held without trial ever since.
 
The judges who heard the case were concerned with how to handle Padilla in light of the US Supreme Court’s ruling on Yaser Esam Hamdi, a US citizen who was captured by the military with Taliban forces in Afghanistan and placed in a Navy brig in Norfolk. The Supreme Court ruled that his detention was lawful, but that he was entitled to a hearing to challenge the allegations against him.
 
While making his oral argument, Clement was interrupted by Judge Michael Luttig who cited the Hamdi decision to the U.S. Court of Appeals for the 4th Circuit, saying that case involved a battlefield detention, while the Padilla case did not. Clement disagreed, prompting Luttig to state, “Those accusations don’t get you very far unless you’re prepared to boldly say the United States is a battlefield in the war on terror.”
 
To which Clement answered, “I can say that, and I can say it boldly.”
U.S. a Battlefield, Solicitor General Tells Judges (by Tom Jackman, Washington Post)
 
Solicitor General under Fire Over Gun Case
In March 2008, Solicitor General Paul Clement argued before the US Supreme Court that a case involving Washington DC’s toughest-in-the-nation gun control law should be returned to a lower appeals court for another review. The law, which banned all handguns in the district and required larger weapons such as rifles to be disassembled, was struck down in DC v. Heller by the US Court of Appeals for the District of Columbia Circuit.
 
Gun owners and their supporters, such as the National Rifle Association and the Bush administration, applauded the decision. But Clement argued before the Supreme Court that the appellate court took too “categorical” an approach, one that threatened the constitutionality of federal gun laws, like the current ban on machine guns. Thus, Clement asked the justices to vacate the decision and send the case back to the appeals court for a more “nuanced appraisal” of the issue.
 
The brief that Clement filed before the Supreme Court made it clear that the solicitor general considered the DC gun control law unconstitutional. But this was not enough to keep high level officials in the Bush administration from complaining about Clement’s actions in the case. Vice President Dick Cheney was reportedly so upset
that he took the unusual step for a vice president of signing on to a brief filed by more than 300 members of Congress that asked the Supreme Court to declare the District of Columbia law “unconstitutional per se” (Clement’s brief said that a per se rule was inappropriate in the context of the Second Amendment).
 
The conservative columnist Robert D. Novak, who often served as a conduit for views from inside the Bush administration, wrote that Clement was being pressured within the administration to alter his argument before facing the justices. Clement did not. Two months later, though, Clement did announce his intention to retire.
Gun Case Causes Bush Administration Rift (by Linda Greenhouse, New York Times)
Moving Targets (by Dahlia Lithwick, Slate)

Gun Battle at the White House? (by Robert D. Novak, Washington Post)

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Former Directors:
 
Paul D. Clement (June 2005 to June 2008) 
A native of Cedarburg, Wisconsin, Paul D. Clement served as the 43rd Solicitor General from June 2005 to June 2008. He received his bachelor’s degree summa cum laude from the Georgetown University School of Foreign Service and a master’s degree in economics from Cambridge University. He graduated magna cum laude from Harvard Law School, where he was the Supreme Court editor of the Harvard Law Review.
 
Following graduation, Clement clerked for Judge Laurence H. Silberman of the US Court of Appeals for the DC Circuit and for Associate Justice Antonin Scalia of the US Supreme Court. After his clerkships, he worked as an associate in the Washington, DC office of Kirkland & Ellis. Clement went on to serve as chief counsel of the US Senate Subcommittee on the Constitution, Federalism and Property Rights. Afterwards, he was a partner in the Washington, DC office of King & Spalding, where he headed the firm’s appellate practice. Clement also served from 1998 to 2004 as an adjunct professor at the Georgetown University Law Center, taught a seminar on the separation of powers.
 
Clement joined the Department of Justice in February of 2001. Before his confirmation as solicitor general, he served as acting solicitor general for nearly a year and as principal deputy solicitor general. He has argued 49 cases before the US Supreme Court, including McConnell v. FEC, Tennessee v. Lane, Rumsfeld v. Padilla, United States v. Booker and Gonzales v. Raich.
 
 
 
Theodore B. Olson (June 2001 to July 2004)
 
A native of Chicago, IL, Theodore B. Olson was the 42nd Solicitor General of the United States. Olson received his bachelor’s degree cum laude from the University of the Pacific in Stockton, CA, where he received awards as the outstanding graduating student in both journalism and forensics, and his law degree from UC Berkeley (Boalt Hall), where he was a member of the California Law Review and Order of the Coif.
 
Olson was a partner in the Los Angeles office of Gibson, Dunn & Crutcher, where he practiced constitutional, media, commercial and appellate litigation, before serving as assistant attorney general for the Office of Legal Counsel from 1981 to 1984 during the Reagan administration. During that time, Olson was part of a scandal involving Justice Department lawyers who told officials at the Environmental Protection Agency that they could withhold evidence from Congressional investigators.
 
After leaving the administration, Olson returned to Gibson, Dunn & Crutcher in its Washington, DC office, engaging in the practice of constitutional and appellate law and general litigation and serving as partner-in-charge of that office on the firm’s executive and management committees and as co-chair of the firm’s appellate and constitutional law practice group. Olson was also accused of being involved in the sexual harassment lawsuit filed by Paula Jones against President Bill Clinton.
 
Before joining the Bush administration as Solicitor General, Olson successfully represented candidates George W. Bush and Dick Cheney before the US Supreme Court in Bush v. Gore, a case that helped decide the 2000 presidential election in favor of Bush.
 
While serving as Solicitor General, Olson argued numerous cases before the Supreme Court, including those involving constitutional and federal statutory issues regarding copyright, telecommunications, federal securities regulation, antitrust, the environment, school vouchers, the Internet, the 2000 census, property rights, punitive damages, criminal law, immigration, the right to a jury trial, due process, voting rights, equal protection, separation of powers, the ex post facto clause, the speech, press and religion clauses of the First Amendment, the powers of the President, and the constitutionality of the McCain-Feingold campaign finance reform law.
 
Olson is a fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. He is also a founding member of the Federalist Society, a conservative legal organization. He has written and lectured extensively on appellate advocacy, oral advocacy in the courtroom and constitutional law.
 
Since leaving the Solicitor General’s office, Olson has returned to private practice, helping to represent the state of Rhode Island in a Native American land case for $200,000 and a mining company in West Virginia.
 

Profile of a right-wing conspirator (by Martin McLaughlin, World Socialist)

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Comments

John Kulesa 5 days ago
In a battle right now in Court of Commonpleas in Norristown,Pa. concerning "The Conspiracy Of the Commonwealth Judges" Judges involved are Patricia Coonahan,Thomas Delricci,Arthur Tilson, Thomas Rogers,Thomas Branca, Carolyn Carluccio. www.StopFamilyCourtAbuse.com (20) Officials served Federal LAwsuit Summons including Montgomery County D.A. Risa Furman (2) Federal Lawsuits pending against these Commonweath Court Judges "Gouchin v Wall" "Kulesa v Rex"
Michael Bostick 9 months ago
i filed a complaint with the attorney general of michigan against ford motor company for consumer fraud. i purchased a 2003 ford taurus, new at the time, october 2003. i april of 2008, the transmission failed. i purchased an extended warranty when i bought the car and it had expired in october 2008.when i requested honolulu ford repair the transmission in april 2008, they claimed the warranty expired in february 2008. ford lied and i have proof. the repair of the transmission and co...
madeleine sloan 1 year ago
3/23/12 this comment is for paul clement. i assume he is " the " paul clement who will present the case against obama care to the supreme court. godspeed, may you be victorious, hence preserving the constitution and the rights of all u.s. citizens as our forefathers envisioned them.

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Founded: 1870
Annual Budget: $9.8 million
Employees: 48
Official Website: http://www.usdoj.gov/osg/
Office of the Solicitor General
Verrilli, Donald
Solicitor General

Donald B. Verrilli Jr.’s selection to succeed Elena Kagan as solicitor general was considered a surprise by some Washington insiders who believed the job would go to Neal Katyal, the acting solicitor general. The White House announced Verrilli’s nomination on January 24, 2011. The solicitor general is in charge of arguing the positions of the U.S. government before the Supreme Court.

 
Verrilli’s father was a lawyer with Irving Trust in New York, and his mother, Rose Marie,was the director of personnel of Richardson-Vicks U.S.A. Verrilli, graduated in 1975 from Wilton High School in Wilton, Connecticut. He received his Bachelor of Arts in history, cum laude, from Yale University (1979) and his JD from Columbia Law School (1983), where he was editor-in-chief of the Columbia Law Review and a James Kent Scholar.
 
After graduating from law school, he clerked for federal appellate Judge J. Skelly Wright and for U.S. Supreme Court Justice William J. Brennan Jr.
 
His career as a lawyer began with the firm Ennis, Friedman & Bersoff, which merged into Jenner & Block in 1988. Verrilli spent 20 years with Jenner & Block, specializing in media, telecommunications and First Amendment law. His clients also included the House Democratic leadership, the National Conference of State Legislatures, the National Governor's Association, death row prisoners, asylum seekers, the Recording Industry Association of America, the Motion Picture Association of America, the National Association of Broadcasters, NextWave, General Dynamics, Morris Communications, MGM, MCI, Viacom (against Google) and the Cellular Telecom & Internet Association.
 
Verrilli argued 13 cases before the Supreme Court, including his most famous victory, in 2005, in MGM v. Grokster, in which he represented the music industry on the issue of file sharing.
 
His first political appointment came in 1994, when he served as special counsel to President Bill Clinton, assisting in the confirmation fight for Supreme Court Justice Stephen Breyer.
 
In 2000, Verrilli played the part of moderator Bernard Shaw during Democrat Joe Liberman’s practice sessions for his vice-presidential debate with Republican Dick Cheney.
 
In February 2009, President Barack Obama appointed Verrilli to the post of Associate U.S. Deputy Attorney General within the Department of Justice. In that capacity, he helped formulate rules for Justice Department review of claims that lawsuits should be dismissed because they might expose state secrets.
 
The following year, he joined the White House as associate counsel to the president, handling domestic legal policy matters such as immigration, health care, financial regulation and the BP oil spill.
 
He has been an adjunct professor of constitutional law at the Georgetown University Law Center for 14 years. Verrilli also has been a member of the board of visitors of Columbia’s law school.
 
His nomination to become solicitor general won kudos from both Democratic and Republican holders of the office. Walter Dellinger, who served as acting solicitor general during the Clinton administration, told The New York Times that Verrilli was “unquestionably one of the best Supreme Court advocates of his time.” President George W. Bush’s solicitor general, Theodore Olson, said Verrilli was “intellectually sharp, invariably exceedingly well prepared, well liked by the people he works with and the people who are his subordinates.”
 
Verrilli has been married since 1988 to Gail Laster, a lawyer who has served at the U.S. Department of Housing and Urban Development and on the Democratic staff of the House Financial Services Committee. In 1992, while she served on the staff of Sen. Howard Metzenbaum, Laster was the first Congressional staffer to make contact with Anita Hill during the confirmation hearings for Supreme Court Justice Clarence Thomas. Verrilli and Laster have one daughter.
 
Profile (Wikipedia)
Don Verrilli (WhoRunsGov)
Obama Nominates a Deputy Counsel for Solicitor General (by Charlie Savage, New York Times)
Obama Nominates Wilton High Grad to Top Post (by Anthony Buzzeo, Daily Wilton)
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Kagan, Elena
Previous Solicitor General

Elena Kagan, the first woman to serve as solicitor general, was sworn in on March 20, 2009. She brings with her a reputation for defending civil liberties while also asserting the power of the presidency. Her nomination stirred mild controversy because the solicitor general represents the U.S. government before the Supreme Court and appeals courts, and Kagan has never argued a case before the Supreme Court.

 
Kagan was born on Manhattan’s Upper West Side on April 28, 1960. Her father was a lawyer and her mother was an elementary school teacher. Kagan graduated from Hunter College High School in 1977, and then attended Princeton, where she received her bachelor’s degree in history, summa cum laude, in 1981. She was awarded Princeton’s Daniel M. Sachs Graduating Fellowship, which allowed her to attend Worcester College, Oxford, receiving an M. Phil. in 1983.
 
She then attended Harvard Law School, where she was supervising editor of the Harvard Law Review and graduated magna cum laude in 1986. Following law school, Kagan clerked for Judge Abner Mikva of the US Court of Appeals for the District of Columbia Circuit (1986-1987) and for US Supreme Court Justice Thurgood Marshall (1987-1988), who was himself Solicitor General before President Lyndon Johnson appointed him to the Supreme Court.
 
In 1989, Kagan joined the Washington, DC, law firm of Williams & Connolly as a litigator. She spent two years there before beginning her academic career at the University of Chicago Law School in 1991, teaching alongside Barack Obama. Kagan became a tenured professor of law in 1995.
 
That same year, she was selected by President Bill Clinton to serve as associate White House counsel. In 1996, she became Deputy Assistant to the President for Domestic Policy, and in 1997, Kagan was selected as deputy director of the Domestic Policy Council. In these positions she helped formulate and implement White House policy in areas ranging from education to crime to public health.
 
On June 17, 1999, President Clinton nominated Kagan to the US Court of Appeals for the District of Columbia Circuit. Republicans, who controlled the Senate, balked at Kagan’s nomination and refused to convene a confirmation hearing.
 
She then left Washington and joined the faculty of Harvard Law School as a visiting professor in 1999. She was made a full professor in 2001. Kagan taught administrative law, constitutional law and civil procedure, and seminars on separation of powers and the First Amendment.
In 2001, she published the article, “Presidential Administration,” in the Harvard Law Review, which defended the Clinton administration’s assertion of the right to direct federal regulatory agencies without Congressional or court involvement. The article was honored as the year’s top scholarly article by the American Bar Association’s Section on Administrative Law and Regulatory Practice.
 
In 2003, controversial Harvard President Lawrence Summers (now Barack Obama’s director of the National Economic Counsel) appointed Kagan dean of Harvard Law School, making her the first woman ever to lead the law school. During her time as dean (which included the Charles Hamilton Houston professorship), she oversaw a capital campaign that eventually raised a school record $476 million and instituted a number of changes to bolster the school’s sagging reputation. She hired prestigious, and sometimes controversial, new faculty members, including Jack Goldsmith, who worked in the Bush White House and was rumored to have helped author the now infamous “torture memos.” Kagan also revamped the school’s core curriculum and instituted small, student-friendly changes, like offering free coffee in classroom buildings.  
 
Big plans highlight Elena Kagan's 2L (by Beth Potier, Harvard University Gazette)
At the HLS Helm (Harvard Magazine)
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