The influence of the Solicitor General on procedural and decision-making outcomes of the United States Supreme Court

2004·3.7 MB·English

by  Webber, Caitlin P

Digitized by the Internet Archive
in 2010 with funding from
Lyrasis IVIembers and Sloan Foundation
http://www.archive.org/details/influenceofsolicOOwebb

The Influence of the SoUcitor General on Procedural and Decision-
Making Outcomes of the United States Supreme Court
A Senior Honors Thesis in the Department of Government
Sweet Briar College
By:
Defended and Approved 6 April 2004
Awarded High Honors
Prof. Barbara Perry Thesis Project Faculty Advisor date
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Prof. Stephen Bragaw, Sweet Biiar College date
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Prof.^enry M)Faham, University of Virginia date

1
Table ofContents
I* Introduction 1•
The Role ofthe Solicitor General in the Supreme Court 1.
The Creation and History of the Office of Solicitor General 2.
Seth Waxman as Solicitor General
1
Theodore Olson as Solicitor General 12
Supreme Court Practice 13
II' Literature Review 16
Books on the Solicitor General 18
Literature Written by Foimer Solicitors General 20
Literature by Independent Researchers 21
Evaluation -^ 23
III' Research Design 25
Research Questions 25
Methodology
27
History of Project 30
IV. Findings 33
Solicitor General Success in Procedural Outcomes of the Supreme Court 33
Solicitor General Success over Decision-Making Outcomes of the Supreme Court 39
V. Conclusion 82
Bibliography 89

Introduction
The Role ofthe Solicitor General in the Supreme Court
The impact of Supreme Court opinions on the American legal system and the
body politic is immense and incontrovertible. The nine Justices who possess the ultimate
judicial authority in the United States have tremendous influence on the law that governs
the American people. This elite institution's national junsdiction, along with the finality
of its opinions, make it a potent national force. Increasingjudicial activism has
augmented the scope and command of the Court; therefore, its decisions have the
potential to carry even greater magnitude. Those who can influence the Supreme Court's
opinions may indirectly shape the law of the United States and ultimately its impact on
the American people.
The Office ofSolicitor General of the United States has an undeniable influence
on Supreme Court cases. Often dubbed the "tenthjustice." the Solicitor General (S.G.)
maintains an exclusive relationship with the Justices and a high degree of involvement in
Court activities that would surprise most Americans. The position is often referred to as
one of the ""most eminent in American law."' Compounding the secrecy of the Supreme
Court and the Justices' fiercely guarded privacy, the work of the Solicitor General
remains largely unseen by all but the keenest Court observers. The S.G. is required to be
"an officer learned in the law," and the Justices frequently express respect for his legal
expertise. The S.G. is the "principal external actor" ' in the Supreme Couit and remains
Lincoln Caplan, "The President's Lawyer," The New York Times. 18 Mav 200L sec. A
p.l9.
" Act to Establish the Department of Justice. Chapter 150, 16 Statute 162, 1870.