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August 14, 2010

SCOTUSblog predicting that Acting SG Neal Katyal will get to officially become the next Tenth Justice

Tom Goldstein has this interesting new post titled "Anticipating the next Solicitor General: The likely selection of Neal Katyal."   Here is how it starts and ends:

The interim appointment of an Acting Principal Deputy Solicitor General this week got me thinking about the choice of a successor to Elena Kagan as Solicitor General. I don’t know precisely where the process stands (and in fact, I don’t know who will make the decision), but as with the choice of a nominee to the Supreme Court, the potential candidates and relevant considerations are well known. In the end, I think that Neal Katyal will be named as the next Solicitor General.

For months, chatter from the Department of Justice has identified the same two candidates for the position: Don Verrilli and Neal Katyal. Full disclosure, I know both personally and I think both would do a terrific job. My own personal views don’t much matter, but I expect that all the repeat players in the Supreme Court bar would agree....

Ultimately, I agree with the consensus that either Don Verrilli or Neal Katyal would make a great Solicitor General. For a few reasons, I think it’s simply more likely that Katyal will be selected.

I know Neal well because he clerked for Judge Guido Calabresi the year after I did, and also because we have subsequently worked together in other settings.  For this reason (and also because Neal has a long history of working on a variety of criminal justice issues), I am hoping Tom's prediction as to the next "Tenth Justice" proves accurate.  I am not sure that having Neal go from Acting SG to official SG will tangibly change the office's basic approach and direction in criminal justice matters, but it is fun at this stage to speculate how a new SG with a criminal law background might approach some of the future Second Amendment and federal sentencing issues now lurking in lower courts.

August 14, 2010 at 12:23 PM | Permalink


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Is Calebresi the lawyer proposing to defund the American economy by making all tort liability strict liability? I missed the part where he proposed that lawyers who damage others by their carelessness make their victims whole by the strict liability of their inherently dangerous product, specifically designed to take down our nation. This strict liability should apply to federal judges before any one else, since what they do is inherently damaging, and of little value to society. Also, I missed the part where this law economist explains the bizarre and anomalous decisions of our appellate courts by the rent seeking theory. And if a judge is having a bad day, and feels a law is obsolete? Repeal it from the bench.

The idea of an adherent of this judge in any responsible policy position is a waking nightmare for the nation.

Posted by: Supremacy Claus | Aug 15, 2010 12:19:37 AM

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