Office of the Solicitor General at the U.S. Department of Justice in Washington, D.C. Photo: Mike Scarcella/ NLJ At Supreme Court, Trump's Solicitor Flipped Positions. Biden's Team Is Sure to Follow Suit.
In 2018 arguments in Janus v. AFSCME, Justice Sonia Sotomayor asked Trump administration solicitor general Noel Francisco: "By the way, how many times this term already have you flipped positions from prior administrations?"
November 18, 2020 at 02:56 PM
8 minute read
The new Joe Biden presidential administration may want to move quickly to undo key Trump administration policies involving immigration, labor, abortion and more, but a new U.S. solicitor general may need to proceed more carefully in the U.S. Supreme Court.
The Trump administration quickly reversed litigation positions in a number of cases in 2017, raising questions at the court and more broadly about the duty to defend statutes. A former Justice Department lawyer described the Trump solicitor's maneuvering to change stances as "aggressive," and suggested the Biden Justice Department could move just as swiftly to abandon earlier-argued positions in key cases.
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