Following the U.S. Supreme Court’s summer recess, the office of U.S. Solicitor General has surprisingly remained active. Considered a traditionally quiet period for the Solicitor General’s office as the Justices embark on speeches, teaching roles, and vacations, this time has witnessed a whirlwind of activities under the leadership of U.S. Solicitor General Elizabeth Prelogar.
In recent weeks, Prelogar and her team of government Supreme Court lawyers have issued several documents to the high court, advocating for the Biden administration’s position on high-profile cases. These range from confronting First Amendment liability for public officials blocking critics on private social media accounts to prompting the justices to evaluate the constitutionality of new social media laws in Texas and Florida, and a defense of federal law that disarms individuals possessing domestic restraining orders.
Long held as ‘The Tenth Justice’, the role of the Solicitor General has however seen a shift, as noted by law professor Lincoln Caplan, who has studied the function of the office extensively over the years. He mentioned that the premise of ‘The Tenth Justice’ premise is no longer conventional wisdom.
As Prelogar continues to imprint her leadership, legal professionals and observers alike will be closely monitoring the potential ramifications of this shift in the traditional dynamics of the Solicitor General’s role.