Solicitor General in the United States

Third-ranking official in the U.S. Department of Justice (behind the attorney general and the deputy attorney general). Among the responsibilities of the Solicitor General of the United States, three stand out. The solicitor general must decide which of the cases lost by the federal government at the trial level should be appealed. Second, the solicitor general must determine which cases should be pursued to the Supreme Court level. Whenever a federal agency loses a case before the court of appeals, it must formally request the solicitor general to petition for review. The final judgment on these matter rests with the solicitor general. Third, he or she supervises the preparation of cases that are to be reviewed by the Supreme Court. This includes determination of what the government’s legal position ought to be and the preparation of the briefs and other documentation that argues for or supports that position. In addition, the solicitor general conducts the oral argument before the Supreme Court in the most important of these cases. (1)

According to the Encyclopedia of the American Constitution, the solicitor general is a senior officer of the United States Department of Justice with special responsibilities in the representation of the United States and its officers and agencies before the Supreme Court, and in the administration of justice in the federal appellate courts. (…) (He is) solicitor general is the chief advocate in the Supreme Court for the United States government, its officers, and its agencies, but he is also known as the Tenth Justice. By tradition rather than constitutional mandate, the solicitor has a “dual responsibility”.

Analysis and Relevance

The Solicitor General of the United States functions as chief counsel for the federal government. The solicitor general has the discretion to select the cases that will be appealed. This means the solicitor general has direct impact on the substance of federal criminal and civil law by choosing which cases to review. Generally the solicitor general is quite selective in petitioning the Supreme Court for review. This restraint has several effects. First, it assigns priority to particular policy issues. Second, it allows the government to advance only its strongest cases. Third, this selective approach heightens the chances of the Court reviewing the cases. While only about five percent of the total number of cases seeking certiorari review are granted, the Justice Department succeeds in obtaining review in about 70 percent of the cases it petitions for certiorari. Finally, screening by the solicitor general has an impact on the Supreme Court’s workload because many’cases funnel through the Justice Department. (2)

In English law, the Solicitor General is a “law officer of the crown, appointed by patent during the royal pleasure, and who assists the attorney general in managing the law business of the crown. (…) He is first in right of preaudience.” (3)

Solicitor General Background

Resources

Notes and References

1. Definition of Solicitor General from the American Law Dictionary, 1991, California
2. Id.
3. This definition of Solicitor-general is based on the The Cyclopedic Law Dictionary

See Also

Attorney General of the United States (Judicial Personnel issue) (Judicial Personnel issue) Justice Department (Judicial Personnel issue).

Further Reading

• Information about Solicitor General in the Gale Encyclopedia of American Law.