Legal Definitions - Solicitor General

The Solicitor General is a senior legal officer whose primary responsibility is to represent the government in its most significant legal cases, particularly before the highest courts. In the United States, the Solicitor General is a key official within the Department of Justice and is tasked with overseeing all federal government litigation that goes before the U.S. Supreme Court. Similarly, many individual states have their own solicitors general or equivalent legal positions who manage cases involving the state government before their respective state supreme courts. Essentially, they serve as the government's chief advocate in appellate court proceedings.

• Example 1 (Federal Government Defending a Policy): Imagine a situation where the U.S. Environmental Protection Agency (EPA) issues new regulations aimed at significantly reducing carbon emissions from power plants. A coalition of energy companies challenges these regulations, arguing they exceed the EPA's authority, and the case eventually reaches the U.S. Supreme Court.

  How it illustrates the term: In this scenario, the U.S. Solicitor General would be the lead attorney responsible for presenting the federal government's arguments to the Supreme Court, defending the legality and constitutionality of the EPA's new environmental regulations on behalf of the federal government.

• Example 2 (State Government Appealing a Lower Court Decision): Consider a state legislature that passes a new law requiring all public schools to implement a specific curriculum for civics education. A group of parents and educators sues, and a lower state court rules that the law violates the state's constitutional provisions regarding local control over education. The state government decides to appeal this adverse ruling to the state's highest court.

  How it illustrates the term: The state's Solicitor General (or the equivalent legal officer for that state) would then be responsible for arguing the state government's position before the state supreme court, seeking to overturn the lower court's decision and uphold the new civics education law.

• Example 3 (Federal Government Interpreting a Statute): Suppose there is a complex federal statute governing cybersecurity and data privacy. Several lower federal courts have issued conflicting interpretations of a key provision within this law, leading to confusion. The U.S. Supreme Court agrees to hear a case to provide a definitive interpretation of that provision.

  How it illustrates the term: Even if the federal government isn't the primary plaintiff or defendant in the initial lawsuit, the U.S. Solicitor General would likely participate in the case, either by filing a brief or arguing directly, to ensure the federal government's official interpretation of its own statute is presented and considered by the Supreme Court, thereby influencing how the law is applied nationwide.