In The News

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.”

Read the full article (subscription required).



Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.