Under Normal circumstances, when an Election produces an Administration of a Different Political Party, the Solicitor General plays a Key role managing a wave of Potential Reversals on Certain Issues. As Biden replaces Trump, however, it could look more like a Tsunami.
The Solicitor General's Office is likely to notify the Court of a New Position in a Blockbuster Dispute concerning the Future of the Affordable Care Act (ACA), Defending the Law rather than seeking to Overturn it, but also in other Cases tied to Controversial Trump Policies, some of which the Biden Administration may attempt to Rescind before the Supreme Court can Rule on them.
Biden has yet to put forward his Nominee for the Permanent Job. In the interim, Elizabeth Prelogar will be in the forefront. She is a Veteran of the Office of Solicitor General (OSG) having served as an Assistant in the Office and also worked recently as an Adviser to former Special Counsel Robert Mueller during his Investigation into Russian Interference into the 2016 Election. She worked as a Former Clerk to Judge Merrick Garland, Biden's Nominee for Attorney General, as well as the Late Justice Ruth Bader Ginsburg and Justice Elena Kagan. When Biden nominates a Full-Time Solicitor General, and once that Person is Confirmed, she will be the Principal Deputy.
But while moving quickly, the Biden's OSG must be careful so as Not to irritate Justices who expect the Government to be an Honest Broker acting in the Long-Term Interests of the United States, not on the particular Whim of One President or another. The Court treats Government Lawyers with Special Solicitude, but in turn, the Justices expect a Level of Consistency even when an Election triggers a Change of Party in the Executive Branch.
In the Case of the ACA, already there are Blue and Red States lined up on both sides of the Issue. The Trump Administration and some Red States, argued that the Individual Mandate is Unconstitutional and that the entire Law should fall, leaving the Health Care of Millions in Legal Limbo.
It may only be a Symbolic Move that won't Change the Outcome of the Case, but the New Solicitor General will likely make Clear to the Court that the Administration believes the Signature Legislative Achievement of Obama's Administration is on Solid Legal Ground. The Justices heard Arguments on November 10th, 2020.
Because the Lawsuit was brought by Texas and other GOP-led States, rather than the Trump Administration itself, the Biden Justice Department can Change its Stance but that wouldn't Result in the Case becoming Moot.
On February 22nd, the Justices are scheduled to hear Arguments concerning Funding for Trump's Border Wall. Biden Ended the National Emergency that the Trump Administration had used to Divert Money for the Border Wall.
On March 1st, they are scheduled to take on Trump's Policy that Mandates Non-Mexican Asylum Seekers stay in Mexico as they Await Hearings in the United States. Biden Suspended the Program regarding Asylum Seekers.
On March 2nd, the Court will consider a Case concerning the Voting Rights Act.
Although Not Scheduled for Oral Arguments yet, the Court has Agreed to Hear Two Cases concerning the Trump Administration's Effort to allow States to Impose Work Requirements in their Medicaid Programs. Biden said he will Recind these Requirements.
The Court has an unusually High Number of Cases Challenging the Old Administration's Policies on its Docket this Term, raising the specter that a Number of those Cases go away if and when the New Administration Rescinds them.
Cases that are currently Pending concern Trump's Twitter Feed, Two Cases concerning whether he Violated the Emoluments Clause of the Constitution, others concerning Restrictions that Bar Family Planning Clinics that receive Federal Funds from making Referrals for Abortion, as well as Petitions related to Immigration. And there is an Emergency Petition arising from Trump's Personal Lawyers who are asking the Court to Block the Release of his Tax Returns to a NY Prosecutor and Two House Chairman's Committees.
Since Biden's First Day as President, he has Released many New Executive Actions with more to come. The Opposition are Raceing to Court to try to Stop them.
NYC Wins When Everyone Can Vote! Michael H. Drucker
