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May 10, 2010

Any thoughts as to who will or should replace Elena Kagan as Solicitor General?

In addition to thinking about how the SCOTUS confirmation hearing for SG Kagan are likely to play out, my thoughts today keep wandering toward who might get to be the next Solicitor General. 

In part because they are both friends and both criminal justice gurus, I keep thinking about current deputy SG Neal Katyal (of Hamden fame) and Stanford law prof Jeff Fisher (of Blakely and Crawford fame).  I would be thrilled if either was the next SG, but I have absolutely no insider knowledge about their prospects and no sense of whether either would be good politics.  Still, for my own parochial reasons, I am going to call them the front-runners until someone tells me otherwise.

May 10, 2010 at 01:48 PM | Permalink


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Jeffrey Fisher would be great. Hadn't heard his name before but I would wholeheartedly endorse him for the SG.

Heck, I think I'd prefer him on the Court, rather than Kagan.

Posted by: MJG | May 10, 2010 2:13:15 PM

let's leave jeff at stanford. he can do more good there by helping people who would not usually get a lawyer of his caliber on their side.

Posted by: big bad wolf | May 10, 2010 5:18:37 PM

I think it will probably be Neal Katyal.

Posted by: JC | May 10, 2010 5:21:09 PM

Here's an article on the subject.

Posted by: JC | May 10, 2010 5:25:21 PM

And here's another one.

Posted by: JC | May 10, 2010 5:28:40 PM

I think there's a chance it could be Sri Srinivasan, currently at O'Melveny and formerly of OSG.

Posted by: Anonymous | May 11, 2010 1:22:51 AM

Prof. Paul Berman?

He needs a change of pace and a fun job. Country could do much worse.

Posted by: Supremacy Claus | May 11, 2010 9:09:31 AM

I've wondered whether Deputy Assistant Attorney General Beth Brinkmann might be considered. She's an experienced Supreme Court litigator, both in the SG's Office and in private practice. Alternatively, while Jeff Fisher is an interesting name, I'd like to see Obama nominate one his Stanford Colleagues: Pam Karlan.

Posted by: anonymous | May 11, 2010 1:23:55 PM

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