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Election Case Risks Awkward About-Face for Biden Administration

Bloomberg Law

23 Nov 2020

Joe Palmore spoke to Bloomberg Law for an article covering how President-elect Joe Biden’s incoming Solicitor General may be pushed to change positions on a number of cases before the Supreme Court.

According to Joe, such changes “of position are relatively rare, even when the party in power changes,” in part because a large number of cases handled by the office don’t have a political bend.

“For example, a large part of the docket is criminal, and the government’s positions in criminal cases tend to be consistent across administrations,” Joe said, adding that there’s a perception that changes in position occur more frequently than they actually do, likely because changes “are most likely in politically charged, high-profile cases.”

He noted that there’s “also a general reluctance to change positions for fear of hurting the [Solicitor General] Office’s credibility with the Court.”

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