This article will be permanently flagged as inappropriate and made unaccessible to everyone. Are you certain this article is inappropriate? Excessive Violence Sexual Content Political / Social
Email Address:
Article Id: WHEBN0000105895 Reproduction Date:
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr., was confirmed by the United States Senate on June 6, 2011, and sworn in on June 9, 2011.[1][2] The Solicitor General determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the office of the Solicitor General also files amicus curiae briefs in cases in which the federal government has a significant interest in the legal issue. 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 office of the Solicitor General also reviews cases decided against the United States in the federal district courts and approves every case in which the government files an appeal.
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 current Principal Deputy is Ian Heath Gershengorn, who succeeded Sri Srinivasan, who left after being confirmed as a United States Circuit Judge for the United States Court of Appeals for the District of Columbia Circuit.[3] The other deputies currently are Michael Dreeben, Edwin Kneedler, and Malcolm Stewart.
The Solicitor General or one of the deputies typically argues the most important cases in the Supreme Court. Cases not argued by the Solicitor General may be argued by one of the assistants or another government attorney. The Solicitors General tend to argue 6–9 cases per Supreme Court term, while deputies argue 4–5 cases and assistants each argue 2–3 cases.[4]
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"[5] as a result of the relationship of mutual respect that inevitably develops 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. As a result, the Solicitor General tends to remain particularly comfortable during oral arguments that other advocates would find intimidating. Furthermore, when the office of the Solicitor General endorses a petition for certiorari, review is frequently granted, which is remarkable given that only 75–125 of the over 7,500 petitions submitted each term are granted review by the Court.[6]
Other than the justices themselves, the Solicitor General is among the most influential and knowledgeable members of the legal community with regard to Samuel Alito was an Assistant to the Solicitor General. 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.
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."[8] 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.
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
Another tradition, possibly unique to the United States, is the practice of confession of error. If the government prevailed in the lower court but the Solicitor General disagrees with the result, he or she may confess error, after which the Supreme Court will vacate the lower court's ruling and send the case back for reconsideration.[11]
During oral argument, the members of the Court often use the formal address "General."
crisis, he wished to convey the impression that he was acting on behalf of the Government, and thus, by tradition, should have worn a morning coat. At the same time, Jaworski believed that such attire made him look like a penguin and slightly ridiculous. After discreet inquiries, he learned that it would be permissible for him to appear in a business suit. Watergate's tapes during the Richard Nixon argued for the disclosure of Leon Jaworski On at least one occasion, there was concern that the manner in which advocates before the Court dress might have an effect on the decision. For example, when [10]
Theodore Roosevelt, Woodrow Wilson, Abraham Lincoln, Calvin Coolidge, President of the United States
Theodore Roosevelt, Authority control, United States Court of Appeals for the Sixth Circuit, William McKinley, Ohio Attorney General
Ronald Reagan, Mitt Romney, Law, Richard Nixon, Supreme Court of the United States