By Richard L. Pacelle
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Additional info for Between Law & Politics: The Solicitor General and the Structuring of Race, Gender, and Reproductive Rights Litigation (Joseph V. Hughes, Jr., and Holly ... Presidency and Leadership Studies, No. 14)
Other personal goals involve the solicitor general’s place in history and future employment. F - H G S G Personal Institutional • Maintain Position as • Maintain Oﬃce Independence Solicitor General • Advance President’s Agenda • Help Supreme Court Impose Doctrinal Stability • Preserve Future • Protect Supreme Court Employment Opportunities • Secure Place in History • Maintain Relations with Agency • Maintain Level of Success in Supreme Court* *Combination of Personal and Institutional Goals Between Law and Politics In controversial areas, the solicitor general would be more likely to care about personal goals.
21 The activism of presidents was reﬂected in the behavior of their Justice Departments. Even before passage of the Civil Rights Act of , attorneys general had moved beyond the narrow range of options outlined under the law. The primary vehicle was the amicus in cases brought by private plaintiﬀs. The government could participate in private suits and strengthen cases by bringing federal legal resources to bear. Thus the attorney general and solicitor general could coordinate civil rights policy, exercise leadership, and become active in policy development.
There is bound to be conﬂict between an agency with parochial views and a solicitor general who is concerned with the broader perspective of the executive branch. The agency is interested in pursuing its policy goals; the solicitor general, on the other hand, has law enforcement and legal goals to pursue. The agency feels it is in the best position to determine its policies and priorities. 38 As a petitioner, the solicitor general comes closest to representing the so-called “tenth justice” or ally of the Court.