Apologies for the brief diary, but Dean Elena Kagan of Harvard Law School has sent an e-mail to the Harvard Law faculty and student body indicating that she will be announced as Solicitor General-designate later today. Above The Law has the e-mail. Two questions answered after the flip--first, who's the Solicitor General anyway? Second, who's Elena Kagan?
- Who's the solicitor general? The solicitor general is the chief attorney of the U.S. in cases before SCOTUS. Not only does the SG typically argue the U.S.'s position in most cases, but their office is the brief-writing team for those cases, as well as cases where the U.S. government is asked to weigh in as an amicus (the vast majority of cases). Wiki has a list of prior office-holders, including well-known names like Robert Bork, Kenneth Starr, Ted Olsen, and Erwin Griswold (of v. Connecticut fame).
- Who's Elena Kagan? Currently Dean of Harvard Law, previously professor at U Chicago (like Obama). B.A., Princeton, 1981, M. Phil. Oxford, 1983, J.D. Harvard, 1986. Clerked for Judge Mikva and Justice Marshall, briefly practiced with a prestigious firm in D.C., and has been in academia since. Was nominated to the D.C. Circuit by Clinton in 1999, but Congress failed to act on the nomination. (Interestingly, Chief Justice Roberts was nominated and confirmed for the seat on the D.C. Circuit which she did not fill.) She's a very well-regarded administrative law scholar.
Perhaps not the most exciting appointment to most folks, but the SG is vital in shaping legal policy of the administration, and Kagan seems to be continuing Obama's plan to appoint smart, competent folks.