Bloomberg Law
Sept. 14, 2021, 5:44 PM

‘Tenth Justice’ Nominee Prelogar Defends High Court Flip Flops

Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson

Elizabeth Prelogar defended her decisions to change the federal government’s position in several high-profile cases pending before the justices while serving as the Biden administration’s acting solicitor general earlier this year.

Prelogar was later nominated to officially lead the office, which represents the government in the U.S. Supreme Court. Former solicitors general under both Republican and Democratic administrations back her nomination.

During her Senate Judiciary Committee confirmation hearing Tuesday, Ranking Member Chuck Grassley (R-Iowa) said the administration under her watch had changed positions in an unusually high number of cases, quoting a Bloomberg Law story that found the Biden administration ...

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