**Top 5 Things You Need to Know About the Solicitor General**
Top 5 Things You Need to Know About the Solicitor General
The “10th Justice” Myth: While not a Supreme Court Justice, the Solicitor General is often called “the 10th Justice” because they argue the U.S. government’s cases before the Supreme Court and have an outsized influence on which cases the Court even agrees to hear. Their office acts as a gatekeeper for the federal government’s legal agenda.
Dual Loyalty to the State and the Law: Unlike a private attorney, the Solicitor General’s job isn’t just to win. They have a unique ethical duty to “protect the integrity of the legal process,” meaning they are expected to advise the Court on what the law should be—even if it hurts their client (the government). Historically, the office will “confess error” if it believes a lower court made a mistake against the government.
They Have the “Fun Button” They Never Push: The Solicitor General decides which cases the federal government will appeal to the Supreme Court. With rare exceptions, the Court almost always grants review when the SG’s office asks. This gives the SG immense power to shape federal law, but it’s a power used sparingly—the office files about 30 to 40 petitions a year out of thousands of potential appeals.
The “Third Chair” Secret Power: The Solicitor General doesn’t just argue cases. They can also file “amicus curiae” (friend of the court) briefs on behalf of the U.S. in private disputes. When the SG weighs in on a major case—like abortion, gun rights, or voting rights—it’s a massive signal to the Court about the federal government’s interpretation of the law, and it often shifts the entire legal analysis.
A Perilous Political Tightrope: While the SG is appointed by the President, the office is historically expected to remain nonpartisan