Biden’s solicitor general faces tough choices on Trump Supreme Court positions – OPB News

In most of these cases, the Trump administration has already taken a position on behalf of the U. S. government.

While the Biden administration may oppose many of the Trump positions, it knows that the justices do not look kindly on the government flip-flopping.

Historically, the solicitor general’s office, which represents the government in the Supreme Court, is known for its relative insulation from politics and adherence to its traditional role as the government’s advocate.

As Katyal observes, the Bush administration had largely followed the tradition of defending laws enacted by Congress, even laws that Republicans generally opposed.

“Frankly,” he says, “it’s going to be a “real headache for all involved,” not just for the solicitor general, but the court, too.

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