If confirmed by the Senate, the Harvard Law School graduate would become just the second woman to hold the job. The president’s intention to nominate her was confirmed by a White House official who requested anonymity to discuss the decision before it was formally announced.
Prelogar, who worked for both Supreme Court Justice
The solicitor general represents the federal government at the Supreme Court, typically after seeking input from affected departments and agencies. The solicitor general also supervises government litigation through the federal court system, setting strategy and deciding whether to press appeals.
As acting solicitor general, Prelogar has eased the government away from a number of positions taken by the Trump administration, prompting the court to dismiss cases over asylum rules, the Mexican border and federal grants to so-called sanctuary cities.
At the same time, her positions on have occasionally disappointed progressives, as when the Biden administration argued against green-card eligibility for people who entered the country illegally but not have temporary legal status because their home countries are in crisis.
Prelogar has argued nine Supreme Court cases, including two as acting solicitor general. In March, she urged the court to back an antitrust suit against the National Collegiate Athletic Association and allow universities to give more compensation to student-athletes.
VIDEO: We asked Elizabeth Prelogar and some of her fellow former Ruth Bader Ginsburg law clerks what it was like to work for the Notorious R.B.G.
In April, she took a middle ground in a case over a California requirement that charities disclose their largest donors in reports filed with the state. The Trump administration had opposed the rule before Prelogar shifted the government’s position.
Before becoming acting solicitor general, Prelogar worked on Special Counsel
The nomination was reported earlier by the Associated Press.
Presidents at times have used the solicitor general position as a stepping stone. In addition to Kagan,
The solicitor general, whom federal law requires to be “learned in the law,” oversees an office of about 20 attorneys at the Justice Department.
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