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Supreme Court and State Solicitors General: February 13, 2023
Other than our federal government, state government is by far the most frequent litigant in the U.S. Supreme Court. This chapter will study the practice of state attorneys general before the United States Supreme Court, including the role played by Attorneys General submitting amici curiae briefs, and analyze the statistics of state involvement.
This chapter also discusses how attorneys general have centralized their appearances in appellate matters by creating within their offices the position of State Solicitor General. The creation of state solicitor general positions is an organizational decision by each attorney general and is designed to assure both quality and consistency in appellate presentation before federal and state appellate courts. The increased prominence of state solicitors general in no way changes the fact that it is the attorney general who ultimately makes the decisions that are argued by the SG.
Joining us will be Dan Schweitzer, ’89, who is Supreme Court Counsel for the National Association of Attorneys General. He has advised state AGs on the Supreme Court, edited Supreme Court briefs, and conducted moot court courts for over 25 years. He knows more about state AGs in the Supreme Court than anyone else.
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