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Representing the United States in the Supreme Court: A Conversation With U.S. Solicitor General Elizabeth B. Prelogar
by Law Events
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The Solicitor General is responsible for representing the United States government in the U.S. Supreme Court. Sometimes referred to as the “tenth justice,” the Solicitor General’s office is involved in approximately two-thirds of the cases before the Supreme Court. Among other things the office determines whether to seek High Court review of lower court decisions, whether to intervene or submit amicus curiae briefs in pending cases, and what positions the federal government should take. As the nation’s 48th Solicitor General, Elizabeth Prelogar has argued more than twenty cases before the Supreme Court, on issues ranging from the Second Amendment and race-conscious college admissions, to the scope of federal regulatory authority and the constitutionality of the Consumer Financial Protection Bureau. In this wide-ranging discussion with Professor Jonathan Adler, Elizabeth Prelogar will discuss the nature of her office, how it has changed over time, her views on Supreme Court advocacy, what it is like to represent the federal government at the highest levels, and broader legal trends in the Supreme Court and American law.
Bio:
Elizabeth Barchas Prelogar is the 48th Solicitor General of the United States and serves as the fourth-ranking individual at the Department of Justice. As Solicitor General, she is responsible for conducting and supervising all Supreme Court litigation on behalf of the United States.
Solicitor General Prelogar previously served in multiple roles at the Department of Justice, including Acting Solicitor General, Principal Deputy Solicitor General, and Assistant to the Solicitor General. During her prior tenure as a career attorney at the Department, she was detailed to Robert S. Mueller III’s investigation into Russian interference in the 2016 presidential election and obstruction-of-justice issues, where she served as an Assistant Special Counsel.
Solicitor General Prelogar was born and raised in Boise, Idaho. She received her bachelor’s degree from Emory University, a master’s degree in creative writing from the University of St. Andrews, and her law degree from Harvard Law School. After graduating from law school, Solicitor General Prelogar clerked for Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She then completed consecutive Supreme Court clerkships for Justice Ruth Bader Ginsburg and Justice Elena Kagan. After her clerkships, she worked as an associate in the appellate group at Hogan Lovells LLP. She later became a partner at Cooley LLP focused on Supreme Court and appellate litigation, and she also served as a Lecturer on Law at Harvard Law School, where she co-taught a course on Supreme Court and appellate advocacy.
Where
CWRU School of Law, Moot Courtroom
11075 East Blvd., Cleveland, OHIO 44106, United States