| Solicitor General of the United States | |
|---|---|
 Flag of the United States solicitor general | |
 | |
| United States Department of Justice | |
| Style | Mr. or Madam Solicitor General General (in the Supreme Court) |
| Reports to | Attorney General |
| Seat | Supreme Court Building andDepartment of Justice Headquarters |
| Appointer | Thepresident withSenateadvice 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 |
Thesolicitor general of the United States (USSG orSG), is an official in theUnited States Department of Justice who represents the federal government in cases before theSupreme Court of the United States. The solicitor general is the fourth-highest-ranking official in the Department of Justice (DOJ).[1] The solicitor general is appointed by the president and reports directly to theUnited 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 represents in most cases in which the government has filed a brief asamicus curiae. In theUnited 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 theUnited States district courts and decides whether the government will file an appeal.
The current U.S. solicitor general isD. John Sauer.
The office was created June 22, 1870 by the efforts ofThomas Jenckes, a Representative from Rhode Island, along withDorman Eaton andWilliam Evarts.[2][3]
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 theDepartment 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 presents the most important cases in the Supreme Court. Other cases may be argued by one of the assistants or another government attorney. The solicitor general tends to argue six to nine cases per Supreme Court term, while deputies argue four to five cases and assistants argue two to three cases each.[4]
The solicitor general, who has offices in theSupreme Court Building as well as theDepartment of Justice headquarters, has been called the "tenth justice"[5] 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 forcertiorari, 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.[6]
The solicitor general is considered an influential and knowledgeable member of the legal community with regard toSupreme Court litigation. Six solicitors general have later served on the Supreme Court:William Howard Taft (who served as the 27thpresident of the United States before becomingchief justice of the United States),Stanley Forman Reed,Robert H. Jackson,Thurgood Marshall, andElena 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 JusticeJohn Roberts was the principal deputy solicitor general during the George H. W. Bush administration and Associate JusticeSamuel Alito was an assistant to the solicitor general. The last former solicitor general to be successfully nominated to the court was Justice Elena Kagan.[7] Only one former solicitor general has been nominated to the Supreme Court unsuccessfully, that beingRobert 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 who is statutorily required to be "learned in the 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.
When determining whether to grantcertiorari 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).[9] 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.[10]
Although the CVSG is technically an invitation, the solicitor general's office treats it as tantamount to a command.[10]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 inBrown 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."[11][12]
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.[11] 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.[11]
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.[10]
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,[13]James Ho of Texas, earning the request the nickname "CVSG-Texas".[14]
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 formalmorning coats,[15] although Elena Kagan, the first woman to hold the office on other than anacting basis, elected to forgo the practice.[16]
During oral argument, the members of the Court often address the solicitor general as "General". Some legal commentators such asMichael Herz andTimothy Sandefur have disagreed with this usage, saying that "general" is apostpositive adjective (which modifies the noun "solicitor"), and is not a title itself.[17][18]
Another tradition is the practice ofconfession 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.[19]
Denotes acting capacity. |
| Image | Name | Start | End | President(s) | |
|---|---|---|---|---|---|
 | Benjamin Bristow | October 11, 1870 | November 15, 1872 | Ulysses Grant (1869–1877) | |
 | Samuel Phillips | December 11, 1872 | May 1, 1885 | ||
| Rutherford Hayes (1877–1881) | |||||
| James Garfield (1881) | |||||
| Chester Arthur (1881–1885) | |||||
| Grover Cleveland (1885–1889) | |||||
 | John Goode | May 1, 1885 | August 5, 1886 | ||
 | George Jenks | July 30, 1886 | May 29, 1889 | ||
 | Orlow Chapman | May 29, 1889 | January 19, 1890 | Benjamin Harrison (1889–1893) | |
 | 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 (1893–1897) | |
 | Holmes Conrad | February 6, 1895 | July 1, 1897 | ||
 | John Richards | July 6, 1897 | March 16, 1903 | William McKinley (1897–1901) | |
 | Henry Hoyt | February 25, 1903 | March 31, 1909 | Theodore Roosevelt (1901–1909) | |
 | Lloyd Bowers | April 1, 1909 | September 9, 1910 | William Taft (1909–1913) | |
 | 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 (1913–1921) | |
.jpg) | 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 (1921–1923) | |
 | William Mitchell | June 4, 1925 | March 5, 1929 | Calvin Coolidge (1923–1929) | |
 | Charles Hughes | May 27, 1929 | April 16, 1930 | Herbert Hoover (1929–1933) | |
 | Thomas Thacher | March 22, 1930 | May 4, 1933 | ||
 | James Biggs | May 5, 1933 | March 24, 1935 | Franklin Roosevelt (1933–1945) | |
 | 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 (1945–1953) | |
.jpg) | 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 (1953–1961) | |
 | Lee Rankin | August 4, 1956 | January 23, 1961 | ||
 | Archibald Cox | January 24, 1961 | July 31, 1965 | John F. Kennedy (1961–1963) | |
 | Thurgood Marshall | August 11, 1965 | August 30, 1967 | Lyndon Johnson (1963–1969) | |
 | Erwin Griswold | October 12, 1967 | June 25, 1973 | ||
 | Robert Bork | June 27, 1973 | January 20, 1977 | Richard Nixon (1969–1974) | |
| Gerald Ford (1974–1977) | |||||
 | Daniel Friedman Acting | January 20, 1977 | March 4, 1977 | Jimmy Carter (1977–1981) | |
 | Wade McCree | March 4, 1977 | January 20, 1981 | ||
 | Rex Lee | August 6, 1981 | June 1, 1985 | Ronald Reagan (1981–1989) | |
 | Charles Fried | June 1, 1985 | October 23, 1985 | ||
| October 23, 1985 | January 20, 1989 | ||||
.jpg) | William Bryson Acting | January 20, 1989 | May 27, 1989 | George H. W. Bush (1989–1993) | |
 | Ken Starr | May 27, 1989 | January 20, 1993 | ||
| William Bryson Acting | January 20, 1993 | June 7, 1993 | Bill Clinton (1993–2001) | |
 | 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 (2001–2009) | |
 | Ted Olson | June 13, 2001 | July 13, 2004 | ||
 | Paul Clement | July 13, 2004 | June 13, 2005 | ||
| June 13, 2005 | June 2, 2008 | ||||
 | Gregory Garre | June 2, 2008 | October 2, 2008 | ||
| October 2, 2008 | January 20, 2009 | ||||
 | Edwin Kneedler Acting | January 20, 2009 | March 20, 2009 | Barack Obama (2009–2017) | |
_(3x4_cropped).jpg) | Elena Kagan | March 20, 2009 | May 17, 2010 | ||
 | Neal Katyal Acting | May 17, 2010 | June 9, 2011 | ||
.jpg) | Don Verrilli | June 9, 2011 | June 25, 2016 | ||
 | Ian Gershengorn Acting | June 25, 2016 | January 20, 2017 | ||
.jpg) | Noel Francisco Acting | January 20, 2017 | March 10, 2017 | Donald Trump (2017–2021) | |
| 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 | ||
.png) | Elizabeth Prelogar Acting | January 20, 2021 | August 11, 2021 | Joe Biden (2021–2025) | |
| Brian Fletcher Acting | August 11, 2021 | October 28, 2021 | ||
| Elizabeth Prelogar | October 28, 2021 | January 20, 2025 | ||
| Sarah M. Harris Acting | January 20, 2025 | April 4, 2025 | Donald Trump (2025–present) | |
| John Sauer | April 4, 2025 | present | ||
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