Solicitor General's Strategic Litigation Influences Supreme Court Outcomes
The U.S. Solicitor General's office, often referred to as the 'tenth justice,' plays a uniquely influential role in Supreme Court cases, significantly impacting the court's decisions and its approach to legal questions. This office handles the federal government's cases before the Supreme Court, defending executive branch positions and, in most instances, acts of Congress. Trump Administration Solicitor General D. John Sauer and his staff have demonstrated strategic litigation choices over the past two terms. For example, in the second Trump administration, the Solicitor General's office made a strategic decision to split the issues of nationwide injunctions and birthright citizenship. Initially, Acting Solicitor General Sarah Harris requested an emergency order to block broad, nationwide injunctions, which the Supreme Court granted. A year later, the court narrowly invalidated President Trump's executive order on birthright citizenship itself. This strategic separation allowed President Trump to secure a ...