Two lawyers are leaving the U.S. solicitor general's office for private practice, two have joined from private firms, and more departures and hires are likely before the fall term begins in October.

The moves, confirmed by knowledgeable sources outside the Justice Department, signal demographic and other changes that may be only tangentially related to the change in leadership in the White House and the Justice Department.

Current assistant to the solicitor general Sarah Harrington is heading to Goldstein & Russell, a Supreme Court boutique in Washington, and Ilana Eisenstein, another assistant, is expected to join an outside-the-beltway firm as soon as this week. Meanwhile Erica Ross, a Jenner & Block partner, has been hired by the SG's office, as has Jonathan Ellis, an associate at Latham & Watkins. Ross clerked for Justice Elena Kagan, while Ellis clerked for Chief Justice John Roberts Jr.

“This is a big year of transition for the office,” said Pratik Shah, co-head of the Supreme Court and appellate practice at Akin Gump Strauss Hauer & Feld, and a former assistant to the solicitor general.
 
The goings-on at the 17-lawyer SG's office are closely watched by firms with Supreme Court practices, because it is a key launching pad for lawyers—especially women—into top-tier positions in private practice. The number of women in law firms who argue regularly before the high court is low, but those who do—think Lisa Blatt, Patricia Millett, Beth Brinkmann, Maureen Mahoney, Deanne Maynard—are often alums of the solicitor general's office.
 
“Without a doubt the solicitor general's office is the breeding ground for the Supreme Court bar in private practice,” said Blatt, head of the Supreme Court and appellate practice at Arnold & Porter Kaye Scholer. Blatt has argued that the traditional male dominance of the office correlates with the dearth of women in private practice, and women still face obstacles. Her advice to Eisentstein and Harrington as they enter private practice: “You have to be fearless and aggressive—and excited.”
  

POLITICS OR NATURAL TURNOVER?

  

What is behind the flurry of moves at the SG's office? Shah chalks it up to “natural turnover rather than any clear causal connection” with last November's election.

The main correlation with the change in administrations, Shah said, is that it opened up opportunities for lawyers to move to other Justice Department jobs, thereby creating vacancies to fill in the SG's office. That has coincided with the traditional wave of departures every six years or so.

Curtis Gannon, a 10-year veteran of the office, left in January to head the Office of Legal Counsel, and Hashim Mooppan, who served briefly in the SG's office, went to the department's civil appellate division. Earlier in the year, assistants Roman Martinez and Ginger Anders also left for private practice. And last month, special counsel Robert Mueller recruited deputy solicitor general Michael Dreeben and assistant to the solicitor Elizabeth Prelogar for his team, though Dreeben will also continue to work on SG matters.

The moves also affect other demographics in the pool of current and future Supreme Court advocates. When news spread that Mooppan was leaving the SG's office in May, former acting solicitor general Neal Katyal tweeted his congratulations, but also lamented that “I think it means entire Office of US Solicitor General is all-white attys, save one atty who is half-Asian.” He was likely referring to Anthony Yang, a 10-year veteran of the office who may be among those considering a move later this year.

In another tweet, Katyal added, “Why does this matter? B/c that Office is where most Supreme Ct advocates get started, line attys argue there. Diversity among all forms impt.”

The diversity profile of the office will change at the top when Noel Francisco is confirmed as solicitor general. With Filipino roots, Francisco would be the first Senate-confirmed Asian-American solicitor general. The Senate Judiciary Committee reported out his nomination in June and sent it to the full Senate for a vote.

Did lawyers in the office depart because of political differences with the Trump administration? It could have been a factor with some but not likely overall, said Shah, because Francisco and Jeffrey Wall, currently the acting solicitor general, are respected in the Supreme Court community. Some lawyers may disagree with the policy shifts, Shah said, but “there has been no meaningful change in the quality of the work product.”

In a post-election Harvard Law School interview last November, assistant Sarah Harrington took a “wait-and-see” position about the transition in administrations.

“You may embrace the idea of the new administration; you may recoil from it,” Harrington was quoted as saying. “But the work of the United States must go on. It will go on.”

She added, “If you find yourself doing work that you can be proud of, work that helps you develop into a better lawyer, then keep on doing that work. You can respect your colleagues and supervisors without agreeing with everything they believe … You can always find a new job if you find yourself either doing work you do not feel proud of or working with people who do not treat you well. But give it a chance.”