Anonymous ID: cd34d0 Jan. 1, 2023, 12:43 p.m. No.18054765   🗄️.is 🔗kun   >>4789

Elizabeth Prelogar is the Solicitor General of the US and took over the Brunson Brothers Case from US Attys.__I can see a lot of pros for the case by bringing her in and some cons. Her position has been saud to be the 10th SC Justice___

"Presenting the Case of the United States As It Should Be":

The Solicitor General in Historical Context

June 1, 1998

 

Some 60 years ago, a letter found its way into the United States mail addressed simply "The Celestial General, Washington, D.C." The Postmaster apparently had no trouble discerning to whom it should be delivered. It went to Robert H. Jackson, then Solicitor General of the United States.(1)

 

Now neither Justice Jackson nor any of my other predecessors, I am sure, had pretensions of other-worldliness. But they we have all been fortunate indeed to have been able to serve in what Thurgood Marshall called "the best job I've ever had."(2) For the office of Solicitor General of the United States is a wonderful and unique creation.

 

The Solicitor General is the only officer of the United States required by statute to be "learned in the law."(3) He is one of only two people (the other being the Vice President) with formal offices in two branches of government.(4) And perhaps more than any other position in government, the Solicitor General has important traditions of deference to all three branches.

 

The Solicitor General is of course an Executive Branch officer, reporting to the Attorney General, and ultimately to the President, in whom our Constitution vests all of the Executive power of the United States.Yet as the officer charged with, among other things, representing the interests of the United States in the Supreme Court, the position carries with it responsibilities to the other branches of government as well. As a result, by long tradition the Solicitor General has been accorded a large degree of independence.

 

To the Congress, Solicitors General have long assumed the responsibility, except in rare instances, of defending the constitutionality of enactments, so long as a defense can reasonably be made.(5) With respect to the Supreme Court,the Solicitor General has often been called "the Tenth Justice."(6) But alas, although I get to participate a lot, I do not get a vote (and in some important cases I could really use one). No, the Solicitor General's special relationship to the Court is not one of privilege, but of duty – to respect and honor the principle of stare decisis, to exercise restraint in invoking the Court's jurisdiction, and to be absolutely scrupulous in every representation made. As one of my predecessors, Simon Sobeloff, once described the mission of the office:

 

The Solicitor General is not a neutral, he is an advocate; but an advocate for a client whose business is not merely to prevail in the instant case. My client's chief business is not to achieve victory, but to establish justice.(7)

 

So what does the Solicitor General do, and how did the office come to be? As for the "what," for the past 50 years or so, the Solicitor General has had two principal functions: to represent the United States in the Supreme Court and, with respect to the lower federal courts and state courts, to decide when the United States should appeal a case it has lost, when it should file a brief amicus curiae, and when the United States should intervene to defend the constitutionality of an Act of Congress. Ultimately, it is the responsibility of the Solicitor General to ensure that the United States speaks in court with a single voice – a voice that speaks on behalf of the rule of law.

 

How this position this marvelous creation came to be, and how it developed, is the subject of this lecture. But at best I will be only partially successful, for the office has a long, rich history that, in many respects, is not well documented. Much of the collected history of the office consists of anecdotal accounts of discrete events and individuals(8) – and almost none of it covers the origins and early development of the Office. I propose to focus on three early developments that shaped theSolicitor General's authority over litigation on behalf of the United States. First, I will briefly discuss the problems and historical forces that led to the creation of the Office of Solicitor General and the Department of Justice in 1870. Second, I will summarize the formative experiences of the early Solicitors General in consolidating control over government litigation. And third, I will point out the important part played by the Supreme Court in securing this consolidation of authority…..

 

https://www.justice.gov/osg/solicitor-general-historical-context

Anonymous ID: cd34d0 Jan. 1, 2023, 12:50 p.m. No.18054789   🗄️.is 🔗kun

>>18054765

Her assignment tells you how very important and perhaps challenging to the SC the Brunson vs Alma Adams is. The SG is not called in for menial purposes, they work for the two branches of government, the Executive and Judicial branch. The very fact the SC took it is just as meaningful. But since she also works for the judicial branch SC, everything must be done explicitly by the constitution. “Learned in the Law” means at the highest level of education and in understanding of the constitution and interpretation