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The SG’s Indefensible Advantage: A Comment on The Loudest Voice at the Supreme Court

Posted by on Tuesday, May 4, 2021 in En Banc, Responses, Volume 74.

Lincoln Caplan | 74 Vand. L. Rev. En Banc 97 (2021) |

It is time for a fundamental reconsideration of the SG’s role—by outstanding scholars like Richard Lazarus, Michael McConnell, Joshua Schwartz, David Strauss, and others who have practiced law in the SG’s office and have studied and written about the role; by other scholars who have written about it like Covert and Wang and Stephen I. Vladeck; by former SGs like Waxman who have written about the SG’s role; and by the Office of Legal Counsel. Perhaps, in addition, a law school with a particular stake in this issue—Harvard Law School, because nine of the 48 SGs so far in American history attended or have taught there; Yale Law School, because of Darcy Covert and Annie J. Wang’s attendance there and because of the interest the Yale Law Journal has shown in the SG’s office; the University of Chicago Law School, because it is home to the Supreme Court Review; or another law school, including Vanderbilt’s—will take this opportunity by hosting a conference to address the issue. The SG’s office and role are mysterious to the public yet have major, even urgent, consequences for all Americans. I am grateful to the Vanderbilt Law Review for giving me the chance to comment on the Covert and Wang article and explain why I think it warrants such a serious and prominent response.

Response PDF Download Link

Link to Covert and Wang’s Article 


Lincoln Caplan